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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 33:33:3.0.1.1.10.0.1.1 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.1 Purpose. | USACE | This regulation provides policies and guidance for Corps of Engineers participation in urban flood damage reduction projects and establishes criteria to distinguish between improvements to be accomplished by the Corps under its flood control authorities and storm sewer systems to be accomplished by local interests. | |||||||
| 33:33:3.0.1.1.10.0.1.10 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.10 Coordination with other Federal agencies. | USACE | In conducting flood damage reduction studies, reporting officers shall comply with the 1965 Agreement between the Soil Conservation Service and the Corps (contained in EP 1165-2-2) in determining the responsible Federal agency. Corps personnel should also keep abreast of the public works programs administered by other Federal agencies, such as the Environmental Protection Agency, the Department of Housing and Urban Development, Farmers Home Administration and the Department of Commerce, in order to coordinate flood control improvements with storm sewer system improvements and to avoid program overlap. Coordination of planning activities with A-95 clearinghouses will help to achieve this objective (see ER 1105-2-811). | |||||||
| 33:33:3.0.1.1.10.0.1.2 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.2 Applicability. | USACE | This regulation is applicable to all OCE elements and all field operating activities having Civil Works responsibilities. | |||||||
| 33:33:3.0.1.1.10.0.1.3 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.3 References. | USACE | (a) Executive Order 11988—Floodplain Management, dated 24 May 1977. (b) U.S. Water Resources Council, Floodplain Management Guidelines, (43 FR 6030), to February 1978. (c) ER 1105-2-811. (d) ER 1140-2-302. (e) ER 1140-2-303. (f) EP 1165-2-2. | |||||||
| 33:33:3.0.1.1.10.0.1.4 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.4 Definitions. | USACE | For purposes of this regulation the following definitions apply: (a) Urban areas are cities, towns, or other incorporated or unincorporated political subdivisions of States that: (1) Provide general local government for specific population concentrations, and, (2) Occupy an essentially continuous area of developed land, containing such structures as residences, public and commercial buildings, and industrial sites. (b) Flood damage reduction works in urban areas are the adjustments in land use and the facilities (structural and non-structural) designed to reduce flood damages in urban areas from overflow or backwater due to major storms and snowmelt. They include structural and other engineering modifications to natural streams or to previously modified natural waterways. Flood damage reduction works are designed to modify flood behavior typified by temporary conditions of inundation of normally dry land from the overflow of rivers and streams or from abnormally high coastal waters due to severe storms. (c) Storm sewer systems are the facilities in urban areas designed to collect and convey runoff from rainfall or snowmelt in the urban area to natural water courses or to previously modified natural waterways. They include storm drains, inlets, manholes, pipes, culverts, conduits, sewers and sewer appurtenances, on-site storage and detention basins, curbs and gutters, and other small drainageways that remove or help to manage runoff in urban areas. Storm sewer systems are designed to solve storm drainage problems, which are typified by excessive accumulation of runoff in depressions; overland sheet flow resulting from rapid snowmelt or rainfall; and excessive accumulation of water at the facilities listed in this paragraph because of their limited capacity. | |||||||
| 33:33:3.0.1.1.10.0.1.5 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.5 Comprehensive planning. | USACE | Coordinated comprehensive planning at the regional or river basin level, or for an urban or metropolitan area, can help to achieve solutions to flood problems that adequately reflect future changes in watershed conditions, and help to avoid short-sighted plans serving only localized situations. This planning is particularly important in areas where significant portions of a watershed are expected to be urbanized in the future. Changes in land use may result in major alterations of the runoff characteristics of the watershed. Hydrologic changes must be projected for the period of analysis. In this effort, responsible local planning organizations should provide information and assist the Corps in development of projected land uses and expected practices for collection and conveyance of runoff over the period of analysis. Conversely, the Corps may be able to provide non-Federal interests with valuable information about water related consequences of alternative land uses and drainage practices. | |||||||
| 33:33:3.0.1.1.10.0.1.6 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.6 General policy. | USACE | (a) Satisfactory resolution of water damage problems in urban areas often involves cooperation between local non-Federal interests and the Federal flood control agencies. In urban or urbanizing areas, provision of a basic drainage system to collect and convey the local runoff to a stream is a non-Federal responsibility. This regulation should not be interpreted to extend the flood damage reduction program into a system of pipes traditionally recognized as a storm drainage system. Flood damage reduction works generally address discharges that represent a serious threat to life and property. The decision criteria outlined below therefore exclude from consideration under flood control authorities small streams and ditches with carrying capacities typical of storm sewer pipes. Location of political boundaries will not be used as a basis for specifying project responsibility. Project responsibilities can be specified as follows: (1) Flood damage reduction works, as defined in this regulation, may be accomplished by the Corps of Engineers. (2) Construction of storm sewer systems and components thereof will be a non-Federal responsibility. Non-Federal interests have a responsibility to design storm sewer systems so that residual damages are reduced to an acceptable level. (b) Consideration will be given to the objectives and requirements of Executive Order 11988 (reference § 238.3(a)) and the general guidelines therefor by the U.S. Water Resources Council (reference § 238.3(b)). | |||||||
| 33:33:3.0.1.1.10.0.1.7 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.7 Decision criteria for participation. | USACE | (a) Urban flood control. (1) Urban water damage problems associated with a natural stream or modified natural waterway may be addressed under the flood control authorities downstream from the point where the flood discharge of such a stream or waterway within an urban area is greater than 800 cubic feet per second for the 10-percent flood (one chance in ten of being equalled or exceeded in any given year) under conditions expected to prevail during the period of analysis. Those drainage areas which lie entirely within the urban area (as established on the basis of future projections, in accordance with § 238.5 of this part), and which are less than 1.5 square miles in area, shall be assumed to lack adequate discharge to meet the above hydrologic criteria. Those urban streams and waterways which receive runoff from land outside the urban area shall not be evaluated using this 1.5 square mile drainage area criterion. (2) A number of conditions within a drainage area may limit discharges for the 10-percent flood, without proportionately reducing discharges for larger floods, such as the one-percent flood. Examples include the presence of extremely pervious soils, natural storage (wetlands) or detention basins or diversions with limited capacity. Other conditions could result in a hydrological disparity between the 10- and one-percent flood events. (3) Division Engineers, except for NED and POD, are authorized to grant exceptions to the 800 cfs, 10-percent flood discharge criterion specified in this § 238.7(a)(1) whenever both of the following criteria are met: (i) The discharge for the one-percent flood exceeds 1800 cfs; and (ii) The reason that the 10-percent flood discharge is less than 800 cfs is attributable to a hydrologic disparity similar to those described in § 238.7(a)(2). Requests for exceptions to the hydrologic criterion contained in § 238.7(a)(1) from NED and POD should be submitted to HQDA (DAEN-CWP) WASH DC 20314. (4) Flood damage reduction works must conform to the definition in § 238.4(b) an… | |||||||
| 33:33:3.0.1.1.10.0.1.8 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.8 Other participation. | USACE | In addition to providing flood damage reduction works in urban areas, the Corps may provide related services to State and local governments on a reimbursable basis. Under Title III of the Inter-governmental Cooperation Act of 1968, specialized or technical services for which the Corps has specific expertise may be furnished only when such services cannot be procured reasonably and expeditiously from private firms (see ER 1140-2-303). | |||||||
| 33:33:3.0.1.1.10.0.1.9 | 33 | Navigation and Navigable Waters | II | 238 | PART 238—WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS | § 238.9 Local cooperation. | USACE | (a) Cost sharing and other provisions of local cooperation shall be in conformity with applicable regulations for structural and non-structural flood damage reduction measures. (b) Responsible non-Federal entities will be required to provide satisfactory assurances that they will adopt, enforce, and adhere to a sound, comprehensive plan for flood plain management for overflow areas of communities involved. To this end, District Engineers will inform HUD, and other concerned Federal and non-Federal planning and governing agencies, of flood plain management services available under Section 206 of the Flood Control Act of 1960, as amended (33 U.S.C. 709a). | |||||||
| 40:40:27.0.1.3.28.1.17.1 | 40 | Protection of Environment | I | H | 238 | PART 238—DEGRADABLE PLASTIC RING CARRIERS | A | Subpart A—General Provisions | § 238.10 Purpose and applicability. | EPA | The purpose of this part is to require that plastic ring carriers be made of degradable materials as described in §§ 238.20 and 238.30. The requirements of this part apply to all processors and importers of plastic ring carriers in the United States as defined in § 238.20. | ||||
| 40:40:27.0.1.3.28.1.17.2 | 40 | Protection of Environment | I | H | 238 | PART 238—DEGRADABLE PLASTIC RING CARRIERS | A | Subpart A—General Provisions | § 238.20 Definitions. | EPA | For the purpose of this part: Percent elongation at break means the percent increase in length of the plastic material caused by a tensile load. Percent elongation at break shall be calculated by dividing the extension at the moment of rupture of the specimen by the initial gage length of the specimen and multiplying by 100. Processor means the persons or entities that produce ring carriers ready for use as beverage carriers. Ring carrier means any plastic ring carrier device that contains at least one hole greater than 1 3/4 inches in diameter which is made, used, or designed for the purpose of packaging, transporting, or carrying multipackaged cans or bottles. | ||||
| 40:40:27.0.1.3.28.2.17.1 | 40 | Protection of Environment | I | H | 238 | PART 238—DEGRADABLE PLASTIC RING CARRIERS | B | Subpart B—Requirement | § 238.30 Requirement. | EPA | [59 FR 9870, Mar. 1, 1994, as amended at 65 FR 47325, Aug. 2, 2000; 69 FR 18803, Apr. 9, 2004] | (a) No processor or person shall manufacture or import, in bulk, ring carriers intended for use in the United States unless they are designed and manufactured so that the ring carriers degrade to the point of 5 percent elongation at break, when tested in accordance with ASTM D-3826-91, “Standard Practice for Determining Degradation End Point in Degradable Polyolefins Using a Tensile Test”, after the ring carrier is exposed to, either: (1) 250 light-hours of UV in accordance with ASTM D-5208-91,” Standard Practice for Operating Fluorescent Ultraviolet (UV) and Condensation Apparatus for Exposure of Photodegradable Plastics”, using cycle A; or (2) 35 days, during June and July, to marine conditions in a location below the latitude 26 degrees North, in continental United States waters. (b) The incorporation by reference of ASTM D-3826-91, “Standard Practice for Determining Degradation End Point in Degradable Polyolefins Using a Tensile Test”, and ASTM D-5208-91, “Standard Practice for Operating Fluorescent Ultraviolet (UV) and Condensation Apparatus for Exposure of Photodegradable Plastics,” was approved by the director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from the American Society of Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Copies may be inspected at the Resource Conservation and Recovery Act (RCRA) Docket Information Center, (5305), U.S. Environmental Protection Agency Headquarters, 1200 Pennsylvania Ave., NW., Washington, DC 20460 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. These materials are incorporated as they exist on the date of the approval and notice of any change in these materials will be published in the Federal Register. | |||
| 49:49:4.1.1.1.32.1.131.1 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.1 Purpose and scope. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41305, July 3, 2000; 67 FR 19989, Apr. 23, 2002] | (a) The purpose of this part is to prevent collisions, derailments, and other occurrences involving railroad passenger equipment that cause injury or death to railroad employees, railroad passengers, or the general public; and to mitigate the consequences of such occurrences to the extent they cannot be prevented. (b) This part prescribes minimum Federal safety standards for railroad passenger equipment. This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements not inconsistent with this part. (c) Railroads to which this part applies shall be responsible for compliance with all of the requirements contained in §§ 238.15, 238.17, 238.19, 238.107, 238.109, and subpart D of this part effective January 1, 2002. (1) A railroad may request earlier application of the requirements contained in §§ 238.15, 238.17, 238.19, 238.107, 238.109, and subpart D upon written notification to FRA's Associate Administrator for Safety. Such a request shall indicate the railroad's readiness and ability to comply with all of the provisions referenced in paragraph (c) introductory text of this section. (2) Except for paragraphs (b) and (c) of § 238.309, a railroad may specifically request earlier application of the maintenance and testing provisions contained in §§ 238.309 and 238.311 simultaneously. In order to request earlier application of these two sections, the railroad shall indicate its readiness and ability to comply with all of the provisions contained in both of those sections. (3) Paragraphs (b) and (c) of § 238.309 apply beginning September 9, 1999. | ||||
| 49:49:4.1.1.1.32.1.131.10 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.19 Reporting and tracking of repairs to defective passenger equipment. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41306, July 3, 2000] | (a) General. Beginning on January 1, 2002, each railroad shall have in place a reporting and tracking system for passenger equipment with a defect not in conformance with this part. A railroad may request earlier application of these requirements upon written notification to FRA's Associate Administrator for Safety as provided in § 238.1(c) of this part. The reporting and tracking system shall record the following information: (1) The identification number of the defective equipment; (2) The date the defect was discovered; (3) The nature of the defect; (4) The determination made by a qualified person or qualified maintenance person on whether the equipment is safe to run; (5) The name of the qualified person or qualified maintenance person making such a determination; (6) Any operating restrictions placed on the equipment; and (7) Repairs made and the date that they were made. (b) Retention of records. At a minimum, each railroad shall keep the records described in paragraph (a) of this section for one periodic maintenance interval for each specific type of equipment as described in the railroad's inspection, testing, and maintenance plan required by § 238.107. FRA strongly encourages railroads to keep these records for longer periods of time because they form the basis for future reliability-based decisions concerning test and maintenance intervals that may be developed pursuant to § 238.307(b). (c) Availability of records. Railroads shall make defect reporting and tracking records available to FRA upon request. (d) List of power brake repair points. Railroads operating long-distance intercity and long-distance Tier II passenger equipment shall designate locations, in writing, where repairs to passenger equipment with a power brake defect will be made and shall provide the list to FRA's Associate Administrator for Safety and make it available to FRA for inspection and copying upon request. Railroads operating these trains shall designate a sufficient number of repair locations to ensure the saf… | ||||
| 49:49:4.1.1.1.32.1.131.11 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.21 Special approval procedure. | FRA | [64 FR 25660, May 12, 1999, as amended at 64 FR 70196, Dec. 16, 1999; 71 FR 61858, Oct. 19, 2006; 74 FR 25174, May 27, 2009; 83 FR 59218, Nov. 21, 2018; 90 FR 28187, July 1, 2025] | (a) General. The following procedures govern consideration and action upon requests for special approval of alternative standards under § 238.103, § 238.223, § 238.229, § 238.309, § 238.311, § 238.405, or § 238.427; for approval of alternative compliance under § 238.201, § 238.229, or § 238.230; and for special approval of pre-revenue service acceptance testing plans as required by § 238.111. (Requests for approval of programs for the inspection, testing, and maintenance of Tier II passenger equipment are governed by § 238.505.) (b) Petitions for special approval of alternative standard. Each petition for special approval of an alternative standard shall contain— (1) The name, title, address, email address, and telephone number of the primary person to be contacted with regard to review of the petition; (2) The alternative proposed, in detail, to be substituted for the particular requirements of this part; (3) Appropriate data or analysis, or both, establishing that the alternative will provide at least an equivalent level of safety; and (4) A statement affirming that the railroad has served a copy of the petition on designated representatives of its employees, together with a list of the names and addresses of the persons served. (c) Petitions for special approval of alternative compliance. Each petition for special approval of alternative compliance shall contain— (1) The name, title, address, email address, and telephone number of the primary person to be contacted with regard to the petition; (2) The elements prescribed in §§ 238.201(b)(1), 238.229(j)(2), and 238.230(d); and (3) A statement affirming that the railroad has served a copy of the petition on designated representatives of its employees, together with a list of the names and addresses of the persons served. (d) Petitions for special approval of pre-revenue service acceptance testing plan. (1) Each petition for special approval of a pre-revenue service acceptance testing plan shall contain— (i) The name, title, address, email addr… | ||||
| 49:49:4.1.1.1.32.1.131.12 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.23 Information collection. | FRA | (a) The information collection requirements of this part were reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq. ) and are assigned OMB control number 2130-0544. (b) The information collection requirements are found in the following sections: §§ 238.1, 238.7, 238.11, 238.15, 238.17, 238.19, 238.21, 238.103, 238.105, 238.107, 238.109, 238.111, 238.201, 238.203, 238.211, 238.223, 238.231, 238.237, 238.301, 238.303, 238.305, 238.307, 238.309, 238.311, 238.313, 238.315, 238.317, 238.403, 238.405, 238.421, 238.423, 238.427, 238.431, 238.437, 238.441, 238.445, 238.447, 238.503, 238.505, and 238.603. | |||||
| 49:49:4.1.1.1.32.1.131.2 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.3 Applicability. | FRA | (a) Except as provided in paragraph (c) of this section, this part applies to all: (1) Railroads that operate intercity or commuter passenger train service on standard gage track which is part of the general railroad system of transportation; and (2) Railroads that provide commuter or other short-haul rail passenger train service in a metropolitan or suburban area as described by 49 U.S.C. 20102(1), including public authorities operating passenger train service. (b) Railroads that permit to be used or hauled on their lines passenger equipment subject to this part, in violation of a power brake provision of this part or a safety appliance provision of this part, are subject to the power brake and safety appliance provisions of this part with respect to such operations. (c) This part does not apply to: (1) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation; (2) A railroad that operates only on track inside an installation that is not part of the general railroad system of transportation; (3) Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation; or (4) Circus trains. | |||||
| 49:49:4.1.1.1.32.1.131.3 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.5 Definitions. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41305, July 3, 2000; 67 FR 19989, Apr. 23, 2002; 71 FR 36916, June 28, 2006; 71 FR 61857, Oct. 19, 2006; 73 FR 6400, Feb. 1, 2008; 78 FR 71812, Nov. 29, 2013; 80 FR 76146, Dec. 7, 2015; 83 FR 59218, Nov. 21, 2018; 90 FR 28127, July 1, 2025] | As used in this part— AAR means the Association of American Railroads. APTA means the American Public Transportation Association. Actuator means a self-contained brake system component that generates the force to apply the brake shoe or brake pad to the wheel or disc. An actuator typically consists of a cylinder, piston, and piston rod. Administrator means the Administrator of the Federal Railroad Administration or the Administrator's delegate. Alerter means a device or system installed in the locomotive cab to promote continuous, active locomotive engineer attentiveness by monitoring select locomotive engineer-induced control activities. If fluctuation of a monitored locomotive engineer-induced control activity is not detected within a predetermined time, a sequence of audible and visual alarms is activated so as to progressively prompt a response by the locomotive engineer. Failure by the locomotive engineer to institute a change of state in a monitored control, or acknowledge the alerter alarm activity through a manual reset provision, results in a penalty brake application that brings the locomotive or train to a stop. Anti-climbing mechanism means the parts at the ends of adjoining vehicles in a train that are designed to engage when subjected to large buff loads to prevent the override of one vehicle by another. Associate Administrator means Associate Administrator for Railroad Safety and Chief Safety Officer, Associate Administrator for Railroad Safety, Associate Administrator for Safety. Bind means restrict the intended movement of one or more brake system components by obstruction, increased friction, or reduced clearance. Block of cars means one car or multiple cars in a solid unit coupled together for the purpose of being added to, or removed from, a train as a solid unit. Brake, air or power brake means a combination of devices operated by compressed air, arranged in a system, and controlled manually, electrically, or pneumatically, by means of which the motion of a rail car or l… | ||||
| 49:49:4.1.1.1.32.1.131.4 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.7 Waivers. | FRA | (a) A person subject to a requirement of this part may petition the Administrator for a waiver of compliance with such requirement. The filing of such a petition does not affect the person's responsibility for compliance with that requirement while the petition is being considered. (b) Each petition for waiver under this section shall be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad safety, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary. | |||||
| 49:49:4.1.1.1.32.1.131.5 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.9 Responsibility for compliance. | FRA | (a) A railroad subject to this part shall not— (1) Use, haul, permit to be used or hauled on its line, offer in interchange, or accept in interchange any train or passenger equipment, while in service, (i) That has one or more conditions not in compliance with a safety appliance or power brake provision of this part; or (ii) That has not been inspected and tested as required by a safety appliance or power brake provision of this part; or (2) Use, haul, offer in interchange, or accept in interchange any train or passenger equipment, while in service, (i) That has one or more conditions not in compliance with a provision of this part, other than the safety appliance and power brake provisions of this part, if the railroad has actual knowledge of the facts giving rise to the violation, or a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; or (ii) That has not been inspected and tested as required by a provision of this part, other than the safety appliance and power brake provisions of this part, if the railroad has actual knowledge of the facts giving rise to the violation, or a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; or (3) Violate any other provision of this part. (b) For purposes of this part, passenger equipment will be considered in use prior to departure but after it has received, or should have received, the inspection required under this part for movement and is deemed ready for passenger service. (c) Although the duties imposed by this part are generally stated in terms of the duty of a railroad, any person as defined in § 238.5, including a contractor for a railroad, who performs any function covered by this part must perform that function in accordance with this part. | |||||
| 49:49:4.1.1.1.32.1.131.6 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.11 Penalties. | FRA | [64 FR 25660, May 12, 1999, as amended at 69 FR 30595, May 28, 2004; 72 FR 51198, Sept. 6, 2007; 73 FR 79704, Dec. 30, 2008; 77 FR 24422, Apr. 24, 2012; 81 FR 43112, July 1, 2016; 82 FR 16135, Apr. 3, 2017; 83 FR 60749, Nov. 27, 2018; 84 FR 23736, May 23, 2019; 84 FR 37075, July 31, 2019; 86 FR 1759, Jan. 11, 2021; 86 FR 23255, May 3, 2021; 87 FR 15869, Mar. 21, 2022; 88 FR 1128, Jan. 6, 2023; 88 FR 89564, Dec. 28, 2023; 89 FR 106297, Dec. 30, 2024; 90 FR 28186, July 1, 2025] | (a) Any person, as defined in § 238.5, 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 a grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or a death or injury has occurred. See 49 CFR part 209, appendix A. Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. (b) Any person who knowingly and willfully falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311. | ||||
| 49:49:4.1.1.1.32.1.131.7 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.13 Preemptive effect. | FRA | [75 FR 1227, Jan. 8, 2010] | (a) Under 49 U.S.C. 20106, issuance of these regulations preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local safety or security hazard; is not incompatible with a law, regulation, or order of the United States Government; and does not unreasonably burden interstate commerce. (b) This part establishes Federal standards of care for railroad passenger equipment. This part does not preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party has failed to comply with the Federal standard of care established by this part, including a plan or program required by this part. Provisions of a plan or program that exceed the requirements of this part are not included in the Federal standard of care. (c) Under 49 U.S.C. 20701-20703 (formerly the Locomotive (Boiler) Inspection Act), the field of locomotive safety is preempted, extending to the design, the construction, and the material of every part of the locomotive and tender and all appurtenances thereof. To the extent that the regulations in this part establish requirements affecting locomotive safety, the scope of preemption is provided by 49 U.S.C. 20701-20703. | ||||
| 49:49:4.1.1.1.32.1.131.8 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.15 Movement of passenger equipment with power brake defects. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41306, July 3, 2000; 67 FR 19990, Apr. 23, 2002] | Beginning on January 1, 2002, the following provisions of this section apply to railroads operating Tier I passenger equipment covered by this part. A railroad may request earlier application of these requirements upon written notification to FRA's Associate Administrator for Safety as provided in § 238.1(c) of this part. (a) General. This section contains the requirements for moving passenger equipment with a power brake defect without liability for a civil penalty under this part. Railroads remain liable for the movement of passenger equipment under 49 U.S.C. 20303(c). For purposes of this section, § 238.17, and § 238.503, a “power brake defect” is a condition of a power brake component, or other primary brake component, that does not conform with this part. (Passenger cars and other passenger equipment classified as locomotives under part 229 of this chapter are also covered by the movement restrictions contained in § 229.9 of this chapter for those defective conditions covered by part 229 of this chapter.) (b) Limitations on movement of passenger equipment containing a power brake defect at the time a Class I or IA brake test is performed. Except as provided in paragraph (c) of this section (which addresses brakes that become defective en route after a Class I or IA brake test was performed), a commuter or passenger train that has in its consist passenger equipment containing a power brake defect at the time that a Class I or IA brake test (or, for Tier II trains, the equivalent) is performed may only be moved, without civil penalty liability under this part— (1) If all of the following conditions are met: (i) The train is moved for purposes of repair, without passengers; (ii) The applicable operating restrictions in paragraphs (d) and (e) of this section are observed; and (iii) The passenger equipment is tagged, or information is recorded, as prescribed in paragraph (c)(2) of this section; or (2) If the train is moved for purposes of scrapping or sale of the passenger equipment that has the power … | ||||
| 49:49:4.1.1.1.32.1.131.9 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | A | Subpart A—General | § 238.17 Movement of passenger equipment with other than power brake defects. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41306, July 3, 2000; 71 FR 61857, Oct. 19, 2006; 73 FR 6400, Feb. 1, 2008] | Beginning on January 1, 2002, the following provisions of this section apply to railroads operating Tier I passenger equipment covered by this part. A railroad may request earlier application of these requirements upon written notification to FRA's Associate Administrator for Safety as provided in § 238.1(c) of this part. (a) General. This section contains the requirements for moving passenger equipment with other than a power brake defect. (Passenger cars and other passenger equipment classified as locomotives under part 229 of this chapter are also covered by the movement restrictions contained in § 229.9 of this chapter for those defective conditions covered by part 229 of this chapter.) (b) Limitations on movement of passenger equipment containing defects found at time of calendar day inspection. Except as provided in §§ 238.303(e)(15), (e)(17) and (e)(18), 238.305(c) and (d), and 238.307(c)(1), passenger equipment containing a condition not in conformity with this part at the time of its calendar day mechanical inspection may be moved from that location for repair if all of the following conditions are satisfied: (1) If the condition involves a running gear defect, the defective equipment is not used in passenger service and is moved in a non-revenue train; (2) If the condition involves a non-running gear defect, the defective equipment may be used in passenger service in a revenue train provided that a qualified maintenance person determines that it is safe to do so, and if so, the car is locked out and empty, and all movement restrictions are observed except that the car may be occupied by a member of the train crew or a railroad employee to the extent necessary to safely operate the train; (3) The requirements of paragraphs (c)(3) and (c)(4) of this section are met; and (4) The special requirements of paragraph (e) of this section, if applicable, are met. (c) Limitations on movement of passenger equipment that develops defects en route. Except as provided in §§ 238.303(e)(15), (e)(17) and (e)… | ||||
| 49:49:4.1.1.1.32.2.131.1 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.101 Scope. | FRA | This subpart contains safety planning and general safety requirements for all railroad passenger equipment subject to this part. | |||||
| 49:49:4.1.1.1.32.2.131.10 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.115 Emergency lighting. | FRA | [78 FR 71813, Nov. 29, 2013] | (a) Prior to January 1, 2017, the requirements specified in paragraphs (a)(1) through (4) of this section apply to each passenger car ordered on or after September 8, 2000, or placed in service for the first time on or after September 9, 2002. Emergency lighting shall be provided in each passenger car and shall include the following: (1) A minimum, average illumination level of 1 foot-candle measured at floor level adjacent to each exterior door and each interior door providing access to an exterior door (such as a door opening into a vestibule); (2) A minimum, average illumination level of 1 foot-candle measured 25 inches above floor level along the center of each aisle and passageway; (3) A minimum illumination level of 0.1 foot-candle measured 25 inches above floor level at any point along the center of each aisle and passageway; and (4) A back-up power system capable of: (i) Operating in all equipment orientations within 45 degrees of vertical; (ii) Operating after the initial shock of a collision or derailment resulting in the following individually applied accelerations: (A) Longitudinal: 8g; (B) Lateral: 4g; and (C) Vertical: 4g; and (iii) Operating all emergency lighting for a period of at least 90 minutes without a loss of more than 40% of the minimum illumination levels specified in this paragraph (a). (b)(1) As further specified in paragraph (b)(2) of this section, on or after January 1, 2017, emergency lighting shall be provided in each passenger car in accordance with the minimum requirements specified in APTA PR-E-S-013-99, Rev. 1, “Standard for Emergency Lighting System Design for Passenger Cars,” Authorized October 7, 2007, or an alternative standard providing at least an equivalent level of safety if approved by FRA pursuant to § 238.21. The incorporation by reference of this APTA standard was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. You may obtain a copy of the incorporated document from the American Public Transportation A… | ||||
| 49:49:4.1.1.1.32.2.131.11 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.117 Protection against personal injury. | FRA | On or after November 8, 1999, all moving parts, high voltage equipment, electrical conductors and switches, and pipes carrying hot fluids or gases on all passenger equipment shall be appropriately equipped with interlocks or guards to minimize the risk of personal injury. This section does not apply to the interior of a private car. | |||||
| 49:49:4.1.1.1.32.2.131.12 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.119 Rim-stamped straight-plate wheels. | FRA | (a)(1) Except as provided in paragraph (a)(2) of this section, on or after November 8, 1999, no railroad shall place or continue in service any vehicle, other than a private car, that is equipped with a rim-stamped straight-plate wheel if a brake shoe acts on the tread of the wheel for the purpose of slowing the vehicle. (2) A commuter railroad may continue in service a vehicle equipped with a Class A, rim-stamped straight-plate wheel mounted on an inboard-bearing axle until the railroad exhausts its replacement stock of wheels held as of May 12, 1999, provided the railroad does not modify the operation of the vehicle in any way that would result in increased thermal input to the wheel during braking. (b) A rim-stamped straight-plate wheel shall not be used as a replacement wheel on a private car that operates in a passenger train if a brake shoe acts on the tread of the wheel for the purpose of slowing the car. (c) The requirements of this section do not apply to a wheel that is periodically tread-braked for a short duration by automatic circuitry for the sole purpose of cleaning the wheel tread surface. | |||||
| 49:49:4.1.1.1.32.2.131.13 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.121 Emergency communication. | FRA | [73 FR 6402, Feb. 1, 2008, as amended at 78 FR 71814, Nov. 29, 2013] | (a) PA system (public address system). (1) Existing Tier I passenger cars. On or after January 1, 2012, each Tier I passenger car shall be equipped with a PA system that provides a means for a train crewmember to communicate by voice to passengers of his or her train in an emergency situation. (2) New Tier I and all Tier II passenger cars. Each Tier I passenger car ordered on or after April 1, 2008, or placed in service for the first time on or after April 1, 2010, and all Tier II passenger cars shall be equipped with a PA system that provides a means for a train crewmember to communicate by voice to passengers of his or her train in an emergency situation. The PA system shall also provide a means for a train crewmember to communicate by voice in an emergency situation to persons in the immediate vicinity of his or her train ( e.g. , persons on the station platform). The PA system may be part of the same system as the intercom system. (b) Intercom system. (1) New Tier I and all Tier II passenger cars. Each Tier I passenger car ordered on or after April 1, 2008, or placed in service for the first time on or after April 1, 2010, and all Tier II passenger cars shall be equipped with an intercom system that provides a means for passengers and crewmembers to communicate by voice with each other in an emergency situation. Except as further specified, at least one intercom that is accessible to passengers without using a tool or other implement shall be located in each end (half) of each car. If any passenger car does not exceed 45 feet in length, or if a Tier II passenger car was ordered prior to May 12, 1999, only one such intercom is required. The intercom system may be part of the same system as the PA system. (2) Marking and instructions. The following requirements apply to each passenger car: (i) Prior to January 28, 2016, the location of each intercom intended for passenger use shall be conspicuously marked with luminescent material and legible and understandable operating instructions shall be po… | ||||
| 49:49:4.1.1.1.32.2.131.14 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.123 Emergency roof access. | FRA | [73 FR 6403, Feb. 1, 2008, as amended at 78 FR 71814, Nov. 29, 2013] | Except as provided in § 238.441 of this chapter— (a) Number and dimensions. Each passenger car ordered on or after April 1, 2009, or placed in service for the first time on or after April 1, 2011, shall have a minimum of two emergency roof access locations, each with a minimum opening of 26 inches longitudinally ( i.e. , parallel to the longitudinal axis of the car) by 24 inches laterally. (b) Means of access. Emergency roof access shall be provided by means of a hatch, or a conspicuously marked structural weak point in the roof for access by properly equipped emergency response personnel. (c) Location. Emergency roof access locations shall be situated as practical so that when a car is on its side— (1) One emergency access location is wholly within each half of the roof as divided top from bottom; and (2) One emergency access location is wholly within each half of the roof as divided left from right. ( See Figure 3 to this subpart.) (d) Obstructions. The ceiling space below each emergency roof access location shall be free from wire, cabling, conduit, and piping. This space shall also be free of any rigid secondary structure ( e.g. , a diffuser or diffuser support, lighting back fixture, mounted PA equipment, or luggage rack) where practicable. If emergency roof access is provided by means of a hatch, it shall be possible to push interior panels or liners out of their retention devices and into the interior of the vehicle after removing the hatch. If emergency roof access is provided by means of a structural weak point, it shall be permissible to cut through interior panels, liners, or other non-rigid secondary structures after making the cutout hole in the roof, provided any such additional cutting necessary to access the interior of the vehicle permits a minimum opening of the dimensions specified in paragraph (a) to be maintained. (e) Marking and instructions. (1) Prior to January 28, 2015, each emergency roof access location shall be conspicuously marked with retroreflective material of con… | ||||
| 49:49:4.1.1.1.32.2.131.15 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.125 Marking and instructions for emergency egress and rescue access. | FRA | [78 FR 71814, Nov. 29, 2013] | On or after January 28, 2015, emergency signage and markings shall be provided for each passenger car in accordance with the minimum requirements specified in APTA PR-PS-S-002-98, Rev. 3, “Standard for Emergency Signage for Egress/Access of Passenger Rail Equipment,” Authorized October 7, 2007, or an alternative standard providing at least an equivalent level of safety, if approved by FRA pursuant to § 238.21. The incorporation by reference of this APTA standard was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. You may obtain a copy of the incorporated document from the American Public Transportation Association, 1666 K Street NW., Washington, DC 20006, www.aptastandards.com. You may inspect a copy of the document at the Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue SE., Washington, DC or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. | ||||
| 49:49:4.1.1.1.32.2.131.16 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.127 Low-location emergency exit path marking. | FRA | [78 FR 71814, Nov. 29, 2013] | On or after January 28, 2015, low-location emergency exit path marking shall be provided in each passenger car in accordance with the minimum requirements specified in APTA PR-PS-S-004-99, Rev. 2, “Standard for Low-Location Exit Path Marking,” Authorized October 7, 2007, or an alternative standard providing at least an equivalent level of safety, if approved by FRA pursuant to § 238.21. The incorporation by reference of this APTA standard was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. You may obtain a copy of the incorporated document from the American Public Transportation Association, 1666 K Street NW., Washington, DC 20006, www.aptastandards.com. You may inspect a copy of the document at the Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue SE., Washington, DC or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html | ||||
| 49:49:4.1.1.1.32.2.131.17 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.131 Exterior side door safety systems—new passenger cars and locomotives used in passenger service. | FRA | [80 FR 76147, Dec. 7, 2015] | (a) Safety systems for powered exterior side doors. All powered exterior side door safety systems in passenger cars, and connected door safety systems in locomotives used in passenger service, that are ordered on or after April 5, 2016, or placed in service for the first time on or after February 5, 2018, shall: (1) Be built in accordance with APTA standard PR-M-S-18-10, “Standard for Powered Exterior Side Door System Design for New Passenger Cars,” approved February 11, 2011. In particular, locomotives used in passenger service shall be connected or interlocked with the door summary circuit to prohibit the train from developing tractive power if an exterior side door in a passenger car is not closed, unless the door is under the direct physical control of a crewmember for his or her exclusive use. The incorporation by reference of this APTA standard was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the incorporated document from the American Public Transportation Association, 1666 K Street NW., Suite 1100, Washington, DC 20006 (telephone 202-496-4800; www.apta.com ). You may inspect a copy of the document at the Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue SE., Washington, DC or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html ; (2) Be designed based on a Failure Modes, Effects, Criticality Analysis (FMECA); (3) Contain an obstruction detection system sufficient to detect and react to both small and large obstructions and allow the obstruction to be released when detected; (4) Be designed so that activation of a door by-pass feature does not affect the operation of the obstruction detection system; (5) Require a door control panel key or other secure device to activate a door control panel; (6) Not be operated f… | ||||
| 49:49:4.1.1.1.32.2.131.18 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.133 Exterior side door safety systems—all passenger cars and locomotives used in a passenger service. | FRA | [80 FR 76147, Dec. 7, 2015] | (a) By-pass device verification —(1) Visual inspection. Except as provided in paragraphs (a)(2) and (3) of this section, a member of the crew of each passenger train must verify by observation that all door by-pass devices that can affect the safe operation of the train are sealed in the normal (non-by-pass) position when taking control of the train. (2) Functional test. Instead of a visual inspection of the door by-pass devices, the railroad may develop a plan to perform a functional test to determine that the door summary status indicator is functioning as intended. The functional test plan shall be made available for inspection by FRA. (3) Face-to-face relief. Crewmembers taking control of a train do not need to perform either a visual inspection or a functional test of the door by-pass devices in cases of face-to-face relief of another train crew and notification by that crew as to the functioning of the door by-pass devices. (b) Unsealed door by-pass device. A crewmember must notify the railroad's designated authority pursuant to the railroad's defect reporting system if a door by-pass device that could affect the safe operation of the train is found unsealed during the train's daily operation. If the train crew can test the door safety system and determine that the door summary status indicator is functioning as intended, the train may travel in service until the next forward repair point where a seal can be applied by a qualified maintenance person (QMP) or until its next calendar day inspection, whichever occurs first; if not, the train crew must follow the procedures outlined in paragraph (c) of this section. (c) En route failure. If it becomes necessary to activate a door by-pass device, the train may continue to its destination terminal, provided that the train crew conducts a safety briefing that includes a description of the location(s) where crewmembers will position themselves on the train in order to observe the boarding and alighting of passengers, notifies the railroad's designate… | ||||
| 49:49:4.1.1.1.32.2.131.19 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.135 Operating practices for exterior side door safety systems. | FRA | [80 FR 76148, Dec. 7, 2015] | (a) At the beginning of his or her duty assignment prior to the train's departure, each crewmember must participate in a safety briefing that identifies each crewmember's responsibilities relating to the safe operation of the train's exterior side doors, including responsibilities for the safe operation of the exterior side doors when arriving at or departing a station. (b) After April 5, 2016, all passenger train exterior side doors and trap doors must be closed when a train is in motion between stations except when: (1) The train is departing or arriving at a station if: (i) A crewmember needs to observe the station platform; and (ii) The open door is attended by the crewmember; or (2) A crewmember must perform on-ground functions, such as, but not limited to, lining switches, making up or splitting the train, providing crossing protection, or inspecting the train. (c)(1) Except as provided in paragraph (b) of this section, passenger railroads must receive special approval from FRA's Associate Administrator for Railroad Safety/Chief Safety Officer to operate passenger trains with exterior side doors or trap doors, or both, open between stations. (2) Any request for special approval must include: (i) A written justification explaining the need to operate a passenger train with its exterior side doors or trap doors, or both, open between stations; and (ii) A detailed hazard analysis, including a description of specific measures to mitigate any added risk. (3) The request must be signed by the chief executive officer (CEO), or equivalent, of the organization(s) making the request. (4) FRA may request that the passenger railroad submit additional information to support its request before FRA approves the request. (d) No later than December 6, 2018, each railroad shall adopt and comply with operating rules on how to safely override a door summary circuit or no-motion system, or both, in the event of an en route exterior side door failure or malfunction on a passenger train. Railroads shall provide these … | ||||
| 49:49:4.1.1.1.32.2.131.2 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.103 Fire safety. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 42909, June 25, 2002] | (a) Materials. (1) Materials used in constructing a passenger car or a cab of a locomotive ordered on or after September 8, 2000, or placed in service for the first time on or after September 9, 2002, shall meet the test performance criteria for flammability and smoke emission characteristics as specified in appendix B to this part, or alternative standards issued or recognized by an expert consensus organization after special approval of FRA under § 238.21. (2) On or after November 8, 1999, materials introduced in a passenger car or a locomotive cab, as part of any kind of rebuild, refurbishment, or overhaul of the car or cab, shall meet the test performance criteria for flammability and smoke emission characteristics as specified in appendix B to this part, or alternative standards issued or recognized by an expert consensus organization after special approval of FRA under § 238.21. (3) For purposes of complying with the requirements of this paragraph, a railroad may rely on the results of tests of material conducted in accordance with the standards and performance criteria for flammability and smoke emission characteristics as specified in appendix B to this part in effect on July 12, 1999 ( see 49 CFR parts 200-399, revised as of October 1, 1999), if prior to June 25, 2002 the material is— (i) Installed in a passenger car or locomotive; (ii) Held in inventory by the railroad; or (iii) Ordered by the railroad. (b) Certification. A railroad shall require certification that a representative sample of combustible materials to be— (1) Used in constructing a passenger car or a locomotive cab, or (2) Introduced in a passenger car or a locomotive cab, as part of any kind of rebuild, refurbishment, or overhaul of the car or cab, has been tested by a recognized independent testing laboratory and that the results show the representative sample complies with the requirements of paragraph (a) of this section at the time it was tested. (c) Fire safety analysis for procuring new passenger cars and locomotives… | ||||
| 49:49:4.1.1.1.32.2.131.20 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.137 Mixed consist; operating equipment with incompatible exterior side door systems. | FRA | [80 FR 76148, Dec. 7, 2015] | (a) A train made up of equipment with incompatible exterior side door systems shall be operated within the constraints of each such door system. (b) No later than December 6, 2018, each railroad shall adopt and comply with operating rules to provide for the safe use of equipment with incompatible exterior side door systems when utilized in a mixed consist. | ||||
| 49:49:4.1.1.1.32.2.131.3 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.105 Train electronic hardware and software safety. | FRA | [67 FR 19990, Apr. 23, 2002, as amended at 77 FR 21356, Apr. 9, 2012] | The requirements of this section apply to electronic hardware and software used to control or monitor safety functions in passenger equipment ordered on or after September 8, 2000, and such components implemented or materially modified in new or existing passenger equipment on or after September 9, 2002. (a) The railroad shall develop and maintain a written hardware and software safety program to guide the design, development, testing, integration, and verification of software and hardware that controls or monitors equipment safety functions. (b) The hardware and software safety program shall be based on a formal safety methodology that includes a Failure Modes, Effects, Criticality Analysis (FMECA); verification and validation testing for all hardware and software components and their interfaces; and comprehensive hardware and software integration testing to ensure that the hardware and software system functions as intended. (c) The hardware and software safety program shall include a description of how the following will be accomplished, achieved, carried out, or implemented to ensure safety and reliability: (1) The hardware and software design process; (2) The hardware and software design documentation; (3) The hardware and software hazard analysis; (4) Hardware and software safety reviews; (5) Hardware and software hazard monitoring and tracking; (6) Hardware and software integration safety testing; and (7) Demonstration of overall hardware and software system safety as part of the pre-revenue service testing of the equipment. (d)(1) Hardware and software that controls or monitors a train's primary braking system shall either: (i) Fail safely by initiating a full service or emergency brake application in the event of a hardware or software failure that could impair the ability of the engineer to apply or release the brakes; or (ii) Provide the engineer access to direct manual control of the primary braking system (service or emergency braking). (2) Hardware and software that controls or monitors… | ||||
| 49:49:4.1.1.1.32.2.131.4 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.107 Inspection, testing, and maintenance plan. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41307, July 3, 2000] | (a) General. Beginning on January 1, 2002, the following provisions of this section apply to railroads operating Tier I passenger equipment covered by this part. A railroad may request earlier application of these requirements upon written notification to FRA's Associate Administrator for Safety as provided in § 238.1(c). (b) Each railroad shall develop, and provide to FRA upon request, a detailed inspection, testing, and maintenance plan consistent with the requirements of this part. This plan shall include a detailed description of the following: (1) Inspection procedures, intervals, and criteria; (2) Test procedures and intervals; (3) Scheduled preventive maintenance intervals; (4) Maintenance procedures; and (5) Special testing equipment or measuring devices required to perform inspections and tests. (c) The inspection, testing, and maintenance plan required by this section is not intended to address and should not include procedures to address employee working conditions that arise in the course of conducting the inspections, tests, and maintenance set forth in the plan. When requesting a copy of the railroad's plan, FRA does not intend to review any portion of the plan that relates to employee working conditions. (d) The inspection, testing, and maintenance plan required by this section shall be reviewed by the railroad annually. | ||||
| 49:49:4.1.1.1.32.2.131.5 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.109 Training, qualification, and designation program. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41307, July 3, 2000; 67 FR 19990, Apr. 23, 2002] | (a) Beginning on January 1, 2002, each railroad shall have adopted a training, qualification, and designation program for employees and contractors that perform any of the inspections, tests, or maintenance required by this part, and shall have trained such employees and contractors in accordance with the program. A railroad may request earlier application of these requirements upon written notification to FRA's Associate Administrator for Safety as provided in § 238.1(c). For purposes of this section, a “contractor” is defined as a person under contract with the railroad or an employee of a person under contract with the railroad to perform any of the tasks required by this part. (b) As part of this program, the railroad shall, at a minimum: (1) Identify the tasks related to the inspection, testing, and maintenance required by this part that must be performed on each type of equipment that the railroad operates; (2) Develop written procedures for the performance of the tasks identified in paragraph (b)(1) of this section; (3) Identify the skills and knowledge necessary to perform each task identified in paragraph (b)(1) of this section; (4) Adopt a training curriculum that includes classroom and “hands-on” lessons designed to impart the skills and knowledge identified as necessary to perform each task identified in paragraph (b)(1) of this section. The training curriculum shall specifically address the Federal regulatory requirements contained in this part that are related to the performance of the tasks identified; (5) Require all employees and contractors to successfully complete the training course that covers the equipment and tasks for which they are responsible that are required by this part as well as the specific Federal regulatory requirements contained in this part related to equipment and tasks for which they are responsible; (6) Require all employees and contractors to pass either a written or an oral examination covering the equipment and tasks for which they are responsible that are required… | ||||
| 49:49:4.1.1.1.32.2.131.6 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.111 Pre-revenue service acceptance testing plan. | FRA | [64 FR 25660, May 12, 1999, as amended at 83 FR 59218, Nov. 21, 2018] | (a) Passenger equipment that has previously been used in revenue service in the United States. For passenger equipment that has previously been used in revenue service in the United States, each railroad shall test the equipment on its system prior to placing such equipment in revenue service for the first time on its railroad to ensure the compatibility of the equipment with the railroad's operating system (including the track, and signal system). A description of such testing shall be retained by the railroad and made available to FRA for inspection and copying upon request. For purposes of this paragraph, passenger equipment that has previously been used in revenue service in the United States means: (1) The actual equipment used in such service; (2) Equipment manufactured identically to that actual equipment; and (3) Equipment manufactured similarly to that actual equipment with no material differences in safety-critical components or systems. (b) Passenger equipment that has not been used in revenue service in the United States. Before using passenger equipment for the first time on its system that has not been used in revenue service in the United States, each railroad shall: (1) Prepare a pre-revenue service acceptance testing plan for the equipment which contains the following elements: (i) An identification of any waivers of FRA or other Federal safety regulations required for the testing or for revenue service operation of the equipment; (ii) A clear statement of the test objectives. One of the principal test objectives shall be to demonstrate that the equipment meets the safety requirements specified in this part when operated in the environment in which it is to be used; (iii) A planned schedule for conducting the testing; (iv) A description of the railroad property or facilities to be used to conduct the testing; (v) A detailed description of how the testing is to be conducted, including a description of the criteria to be used to evaluate the equipment's performance; (vi) A descriptio… | ||||
| 49:49:4.1.1.1.32.2.131.7 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.112 Door emergency egress and rescue access systems. | FRA | [78 FR 71812, Nov. 29, 2013] | Except as provided in § 238.439— (a) Each powered, exterior side door in a vestibule that is partitioned from the passenger compartment of a passenger car shall have a manual override device that is: (1) Capable of releasing the door to permit it to be opened without power from inside the car; (2) Located adjacent to the door which it controls; and (3) Designed and maintained so that a person may readily access and operate the override device from inside the car without requiring the use of a tool or other implement. If the door is dual-leafed, only one of the door leaves is required to respond to the manual override device. (b) Each Tier I passenger car ordered on or after September 8, 2000, or placed in service for the first time on or after September 9, 2002, and all Tier II passenger cars shall have a minimum of two exterior side doors, one in each side of the car. Each such door shall provide a minimum clear opening with dimensions of 30 inches horizontally by 74 inches vertically. A set of dual-leafed doors is considered a single door for purposes of this paragraph. Each powered, exterior side door on each such passenger car shall have a manual override device that is: (1) Capable of releasing the door to permit it to be opened without power from both inside and outside the car; (2) Located adjacent to the door which it controls; and (3) Designed and maintained so that a person may access the override device from both inside and outside the car without requiring the use of a tool or other implement. The Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles also contain requirements for doorway clearance ( See 49 CFR Part 38). (c) A manual override device used to open a powered, exterior door may be protected with a cover or a screen capable of removal without requiring the use of a tool or other implement. (d)(1) Prior to January 28, 2015, all door exits intended for emergency egress shall either be lighted or conspicuously and legibly marked with lumines… | ||||
| 49:49:4.1.1.1.32.2.131.8 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.113 Emergency window exits. | FRA | [73 FR 6401, Feb. 1, 2008, as amended at 78 FR 71813, Nov. 29, 2013] | (a) Number and location. Except as provided in paragraph (a)(3) of this section, the following requirements in this paragraph (a) apply on or after April 1, 2008— (1) Single-level passenger cars. Each single-level passenger car shall have a minimum of four emergency window exits. At least one emergency window exit shall be located in each side of each end (half) of the car, in a staggered configuration where practical. ( See Figure 1 to this subpart; see also Figures 1b and 1c to this subpart.) (2) Multi-level passenger cars—main levels. Each main level in a multi-level passenger car is subject to the same requirements specified for single-level passenger cars in paragraph (a)(1) of this section. (3) Multi-level passenger cars—levels with seating areas other than main levels. (i) Except as provided in paragraphs (a)(3)(ii) and (iii) of this section, on or after August 1, 2009, any level other than a main level used for passenger seating in a multi-level passenger car, such as an intermediate level, shall have a minimum of two emergency window exits in each seating area. The emergency window exits shall be accessible to passengers in the seating area without requiring movement through an interior door or to another level of the car. At least one emergency window exit shall be located in each side of the seating area. An emergency window exit may be located within an exterior side door in the passenger compartment if it is not practical to place the window exit in the side of the seating area. ( See Figures 2 and 2a to this subpart.) (ii) Only one emergency window exit is required in a seating area in a passenger compartment if: (A) It is not practical to place an emergency window exit in a side of the passenger compartment due to the need to provide accessible accommodations under the Americans with Disabilities Act of 1990; (B) There are no more than four seats in the seating area; and (C) A suitable, alternate arrangement for emergency egress is provided. (iii) For passenger cars ordered prior … | ||||
| 49:49:4.1.1.1.32.2.131.9 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | B | Subpart B—Safety Planning and General Requirements | § 238.114 Rescue access windows. | FRA | [73 FR 6401, Feb. 1, 2008, as amended at 78 FR 71813, Nov. 29, 2013] | (a) Number and location. Except as provided in paragraph (a)(1)(ii) of this section, the following requirements in this paragraph (a) apply on or after April 1, 2008— (1) Single-level passenger cars. Except as provided in this paragraph (a)(1) and in paragraphs (a)(1)(i), (a)(1)(ii), and (a)(5) of this section, each single-level passenger car shall have a minimum of two rescue access windows. At least one rescue access window shall be located in each side of the car entirely within 15 feet of the car's centerline, or entirely within 7 1/2 feet of the centerline if the car does not exceed 45 feet in length. ( See Figure 1a to this subpart; see also Figures 1b and 1c to this subpart.) If the seating level is obstructed by an interior door or otherwise partitioned into separate seating areas, each separate seating area shall have a minimum of one rescue access window in each side of the seating area, located as near to the center of the car as practical. (i) For a single-level passenger car ordered prior to April 1, 2009, and placed in service prior to April 1, 2011, rescue access windows may be located farther than the above prescribed distances from the car's centerline, or located within exterior side doors, or both, if at least one rescue access window is located within each side of each end (half) of the same passenger compartment. (ii) For a single-level passenger car ordered prior to September 8, 2000, and placed in service prior to September 9, 2002, the requirements of paragraph (a)(1) apply on or after August 1, 2009 if the car has at least two exterior side doors (or door leaves), each with a manual override device, and such doors (or door leaves) are located one on each side of the car, in opposite ends (halves) of the car ( i.e. , in diagonally-opposite quadrants). The manual override device shall be— (A) Capable of releasing the door (or door leaf) to permit it to be opened without power from outside the car; (B) Located adjacent to the door (or door leaf) that it controls; and (C) Des… | ||||
| 49:49:4.1.1.1.32.3.131.1 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.201 Scope/alternative compliance. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 19990, Apr. 23, 2002; 71 FR 36916, June 28, 2006; 83 FR 59219, Nov. 21, 2018] | (a) Scope. (1) This subpart contains requirements for railroad passenger equipment operating at speeds not exceeding 125 miles per hour. As stated in § 238.229, all such passenger equipment remains subject to the safety appliance requirements contained in Federal statute at 49 U.S.C. chapter 203 and in FRA regulations at part 231 and § 232.2 of this chapter. Unless otherwise specified, these requirements only apply to passenger equipment ordered on or after September 8, 2000 or placed in service for the first time on or after September 9, 2002. (2) The structural standards of this subpart (§ 238.203—static end strength; § 238.205—anti-climbing mechanism; § 238.207—link between coupling mechanism and car body; § 238.209—forward-facing end structure of locomotives; § 238.211—collision posts; § 238.213—corner posts; § 238.215—rollover strength; § 238.217—side structure; § 238.219—truck-to-car-body attachment; and § 238.223—locomotive fuel tanks) do not apply to passenger equipment if used exclusively on a rail line: (i) With no public highway-rail grade crossings; (ii) On which no freight operations occur at any time; (iii) On which only passenger equipment of compatible design is utilized; and (iv) On which trains operate at speeds not exceeding 79 mph. Any such passenger equipment remains subject to the requirements of § 229.141 of this chapter, as applicable. (b) Alternative compliance. (1) Passenger equipment of special design shall be deemed to comply with this subpart, other than § 238.203, for the service environment the petitioner proposes to operate the equipment in if the Associate Administrator determines under paragraph (c) of this section that the equipment provides at least an equivalent level of safety in such environment for the protection of its occupants from serious injury in the case of a derailment or collision. In making a determination under paragraph (c) the Associate Administrator shall consider, as a whole, all of those elements of casualty prevention or mitigation relevant to the… | ||||
| 49:49:4.1.1.1.32.3.131.10 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.219 Truck-to-car-body attachment. | FRA | [67 FR 19991, Apr. 23, 2002, as amended at 83 FR 59219, Nov. 21, 2018] | Except as provided in § 238.201(b), passenger equipment shall have a truck-to-carbody attachment with an ultimate strength sufficient to resist without failure the following individually applied loads: 2g vertically on the mass of the truck; and 250,000 pounds in any horizontal direction on the truck, along with the resulting vertical reaction to this load. For purposes of this section, the mass of the truck includes axles, wheels, bearings, the truck-mounted brake system, suspension system components, and any other component attached to the truck by design. | ||||
| 49:49:4.1.1.1.32.3.131.11 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.221 Glazing. | FRA | (a) Passenger equipment shall comply with the applicable Safety Glazing Standards contained in part 223 of this chapter, if required by that part. (b) Each exterior window on a locomotive cab and a passenger car shall remain in place when subjected to: (1) The forces described in part 223 of this chapter; and (2) The forces due to air pressure differences caused when two trains pass at the minimum separation for two adjacent tracks, while traveling in opposite directions, each train traveling at the maximum authorized speed. | |||||
| 49:49:4.1.1.1.32.3.131.12 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.223 Locomotive fuel tanks. | FRA | [67 FR 19991, Apr. 23, 2002] | Locomotive fuel tanks shall comply with either the following or an industry standard providing at least an equivalent level of safety if approved by FRA under § 238.21: (a) External fuel tanks. External locomotive fuel tanks shall comply with the requirements contained in Appendix D to this part. (b) Internal fuel tanks. (1) Internal locomotive fuel tanks shall be positioned in a manner to reduce the likelihood of accidental penetration from roadway debris or collision. (2) Internal fuel tank vent systems shall be designed so they do not become a path of fuel loss in any tank orientation due to a locomotive overturning. (3) Internal fuel tank bulkheads and skin shall, at a minimum, be equivalent to a 5/16-inch thick steel plate with a yield strength of 25,000 pounds per square inch. Material of a higher yield strength may be used to decrease the required thickness of the material provided at least an equivalent level of strength is maintained. Skid plates are not required. | ||||
| 49:49:4.1.1.1.32.3.131.13 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.225 Electrical system. | FRA | All passenger equipment shall comply with the following: (a) Conductors. Conductor sizes shall be selected on the basis of current-carrying capacity, mechanical strength, temperature, flexibility requirements, and maximum allowable voltage drop. Current-carrying capacity shall be derated for grouping and for operating temperature. (b) Main battery system. (1) The main battery compartment shall be isolated from the cab and passenger seating areas by a non-combustible barrier. (2) Battery chargers shall be designed to protect against overcharging. (3) If batteries are of the type to potentially vent explosive gases, the battery compartment shall be adequately ventilated to prevent the accumulation of explosive concentrations of these gases. (c) Power dissipation resistors. (1) Power dissipating resistors shall be adequately ventilated to prevent overheating under worst-case operating conditions as determined by the railroad. (2) Power dissipation grids shall be designed and installed with sufficient isolation to prevent combustion. (3) Resistor elements shall be electrically insulated from resistor frames, and the frames shall be electrically insulated from the supports that hold them. (d) Electromagnetic interference and compatibility. (1) The operating railroad shall ensure electromagnetic compatibility of the safety-critical equipment systems with their environment. Electromagnetic compatibility may be achieved through equipment design or changes to the operating environment. (2) The electronic equipment shall not produce electrical noise that affects the safe performance of train line control and communications or wayside signaling systems. (3) To contain electromagnetic interference emissions, suppression of transients shall be at the source wherever possible. (4) All electronic equipment shall be self-protected from damage or improper operation, or both, due to high voltage transients and long-term over-voltage or under-voltage conditions. This includes protection from both power frequency … | |||||
| 49:49:4.1.1.1.32.3.131.14 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.227 Suspension system. | FRA | [78 FR 16125, Mar. 13, 2013] | On or after November 8, 1999— (a) All passenger equipment shall exhibit freedom from truck hunting at all operating speeds. If truck hunting does occur, a railroad shall immediately take appropriate action to prevent derailment. Truck hunting is defined in § 213.333 of this chapter. (b) Nothing in this section shall affect the requirements of the Track Safety Standards in part 213 of this chapter as they apply to passenger equipment as provided in that part. In particular— (1) Pre-revenue service qualification. All passenger equipment intended for service at speeds greater than 90 mph or at any curving speed producing more than 5 inches of cant deficiency shall demonstrate safe operation during pre-revenue service qualification in accordance with § 213.345 of this chapter and is subject to the requirements of either § 213.57 or § 213.329 of this chapter, as appropriate. (2) Revenue service operation. All passenger equipment intended for service at speeds greater than 90 mph or at any curving speed producing more than 5 inches of cant deficiency is subject to the requirements of § 213.333 of this chapter and either § 213.57 or § 213.329 of this chapter, as appropriate. | ||||
| 49:49:4.1.1.1.32.3.131.15 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.229 Safety appliances—general. | FRA | [71 FR 61858, Oct. 19, 2006, as amended at 74 FR 25174, May 27, 2009; 84 FR 23736, May 23, 2019; 90 FR 28187, July 1, 2025] | (a) Except as provided in this part, all passenger equipment continues to be subject to the safety appliance requirements contained in Federal statute at 49 U.S.C. chapter 203 and in Federal regulations at part 231 of this chapter. (b) Except as provided in this part, FRA interprets the provisions in part 231 of this chapter that expressly mandate that the manner of application of a safety appliance be a bolt, rivet, or screw to mean that the safety appliance and any related bracket or support used to attach that safety appliance to the equipment shall be so affixed to the equipment. Specifically, FRA prohibits the use of welding as a method of attachment of any such safety appliance or related bracket or support. A “safety appliance bracket or support” means a component or part attached to the equipment for the sole purpose of securing or attaching of the safety appliance. FRA does allow the welded attachment of a brace or stiffener used in connection with a mechanically fastened safety appliance. In order to be considered a “brace” or “stiffener,” the component or part shall not be necessary for the attachment of the safety appliance to the equipment and is used solely to provide extra strength or steadiness to the safety appliance. (c) Welded safety appliances. (1) Passenger equipment placed in service prior to January 1, 2007, that is equipped with a safety appliance, required by the “manner of application” provisions in part 231 of this chapter to be attached by a mechanical fastener ( i.e. , bolts, rivets, or screws), and the safety appliance is mechanically fastened to a bracket or support that is attached to the equipment by welding may continue to be used in service provided all of the requirements in paragraphs (e) through (k) of this section are met. The welded safety appliance bracket or support only needs to receive the initial visual inspection required under paragraph (g)(1) of this section if all of the following conditions are met: (i) The welded safety appliance bracket or support meets all… | ||||
| 49:49:4.1.1.1.32.3.131.16 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.230 Safety appliances—new equipment. | FRA | [71 FR 61860, Oct. 19, 2006, as amended at 74 FR 25174, May 27, 2009; 84 FR 23736, May 23, 2019; 90 FR 28187, July 1, 2025] | (a) Applicability. This section applies to passenger equipment placed in service on or after January 1, 2007. (b) Welded safety sppliances. Except as provided in this section, all passenger equipment placed into service on or after January 1, 2007, that is equipped with a safety appliance, required by the “manner of application” provisions in part 231 of this chapter to be attached by a mechanical fastener ( i.e. , bolts, rivets, or screws), shall have the safety appliance and any bracket or support necessary to attach the safety appliance to the piece of equipment mechanically fastened to the piece of equipment. (1) Safety appliance brackets or supports considered part of the car body. Safety appliance brackets or supports will be considered part of the car body and will not be required to be mechanically fastened to the piece of passenger equipment if all of the following are met: (i) The bracket or support is welded to a surface of the equipment's body that is at a minimum 3/16-inch sheet steel or structurally reinforced to provide the equivalent strength and rigidity of 3/16-inch sheet steel; (ii) The area of the weld is sufficient to ensure a minimum weld strength, based on yield, of three times the strength of the number of SAE grade 2, 1/2 inch diameter bolts that would be required for each attachment; (iii) Except for any access required for attachment of the safety appliance, the weld is continuous around the perimeter of the surface of the bracket or support; (iv) The attachment is made with fillet welds at least 3/16-inch in size; (v) The weld is designed for infinite fatigue life in the application that it will be placed; (vi) The weld is performed in accordance with the welding process and the quality control procedures contained in the current American Welding Society (AWS) Standard, the Canadian Welding Bureau (CWB) Standard, or an equivalent nationally or internationally recognized welding standard; (vii) The weld is performed by an individual possessing the qualifications to be … | ||||
| 49:49:4.1.1.1.32.3.131.17 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.231 Brake system. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41307, July 3, 2000; 71 FR 61861, Oct. 19, 2006] | Except as otherwise provided in this section, on or after September 9, 1999 the following requirements apply to all passenger equipment and passenger trains. (a) A passenger train's primary brake system shall be capable of stopping the train with a service application from its maximum authorized operating speed within the signal spacing existing on the track over which the train is operating. (b) Where practicable, the design of passenger equipment ordered on or after September 8, 2000, or placed in service for the first time on or after September 9, 2002, shall not require an inspector to place himself or herself on, under, or between components of the equipment to observe brake actuation or release. Passenger equipment not designed in this manner shall be equipped and handled in accordance with one of the following: (1) Equipped with piston travel indicators as defined in § 238.5 or devices of similar design and inspected pursuant to the requirements contained in § 238.313 (j); or (2) Equipped with brake indicators as defined in § 238.5, designed so that the pressure sensor is placed in a location so that nothing may interfere with the air flow to brake cylinder and inspected pursuant to the requirements contained in § 238.313 (j). (c) Passenger equipment shall be provided with an emergency brake application feature that produces an irretrievable stop, using a brake rate consistent with prevailing adhesion, passenger safety, and brake system thermal capacity. An emergency brake application shall be available at any time, and shall be initiated by an unintentional parting of the train. (d) A passenger train brake system shall respond as intended to signals from a train brake control line or lines. Control lines shall be designed so that failure or breakage of a control line will cause the brakes to apply or will result in a default to control lines that meet this requirement. (e) Introduction of alcohol or other chemicals into the air brake system of passenger equipment is prohibited. (f) The operating r… | ||||
| 49:49:4.1.1.1.32.3.131.18 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.233 Interior fittings and surfaces. | FRA | [64 FR 25660, May 12, 1999, as amended at 71 FR 36917, June 28, 2006] | (a) Each seat in a passenger car shall— (1) Be securely fastened to the car body so as to withstand an individually applied acceleration of 4g acting in the lateral direction and 4g acting in the upward vertical direction on the deadweight of the seat or seats, if held in tandem; and (2) Have an attachment to the car body of an ultimate strength capable of resisting simultaneously: (i) The longitudinal inertial force of 8g acting on the mass of the seat; and (ii) The load associated with the impact into the seatback of an unrestrained 95th-percentile adult male initially seated behind the seat, when the floor to which the seat is attached decelerates with a triangular crash pulse having a peak of 8g and a duration of 250 milliseconds. (b) Overhead storage racks in a passenger car shall provide longitudinal and lateral restraint for stowed articles. Overhead storage racks shall be attached to the car body with sufficient strength to resist loads due to the following individually applied accelerations acting on the mass of the luggage stowed as determined by the railroad: (1) Longitudinal: 8g; (2) Vertical: 4g; and (3) Lateral: 4g. (c) Other interior fittings within a passenger car shall be attached to the car body with sufficient strength to withstand the following individually applied accelerations acting on the mass of the fitting: (1) Longitudinal: 8g; (2) Vertical: 4g; and (3) Lateral: 4g. (d) To the extent possible, all interior fittings in a passenger car, except seats, shall be recessed or flush-mounted. (e) Sharp edges and corners in a locomotive cab and a passenger car shall be either avoided or padded to mitigate the consequences of an impact with such surfaces. (f) Locomotives required to be constructed in accordance with subpart D of part 229 of this chapter shall have cab seat attachment in compliance with § 229.206 of this chapter, in lieu of the following requirements of this paragraph. Each seat provided for a crewmember regularly assigned to occupy the cab of a locomotive and each f… | ||||
| 49:49:4.1.1.1.32.3.131.19 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.235 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.32.3.131.2 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.203 Static end strength. | FRA | [64 FR 25660, May 12, 1999, as amended at 64 FR 70196, Dec. 16, 1999; 67 FR 19991, Apr. 23, 2002; 74 FR 25174, May 27, 2009; 83 FR 59219, Nov. 21, 2018; 90 FR 28187, July 1, 2025] | (a)(1) Except as further specified in this paragraph (a), paragraph (d) of this section, and § 238.201(b)(2), on or after November 8, 1999, all passenger equipment shall resist a minimum static end load of 800,000 pounds applied on the line of draft without permanent deformation of the body structure. (2) For a passenger car or a locomotive, the static end strength of unoccupied volumes may be less than 800,000 pounds if: (i) Energy absorbing structures are used as part of a crash energy management design of the passenger car or locomotive, and (ii) The passenger car or locomotive resists a minimum static end load of 800,000 pounds applied on the line of draft at the ends of its occupied volume without permanent deformation of the body structure. (3) For a locomotive placed in service prior to November 8, 1999, as an alternative to resisting a minimum static end load of 800,000 pounds applied on the line of draft without permanent deformation of the body structure, the locomotive shall resist a horizontal load of 1,000,000 pounds applied along the longitudinal center line of the locomotive at a point on the buffer beam construction 12 inches above the center line of draft without permanent deformation of the body structure. The application of this load shall not be distributed over an area greater than 6 inches by 24 inches. The alternative specified in this paragraph is not applicable to a cab car or an MU locomotive. (4) The requirements of this paragraph do not apply to: (i) A private car; or (ii) Unoccupied passenger equipment operating at the rear of a passenger train. (b) Passenger equipment placed in service before November 8, 1999 is presumed to comply with the requirements of paragraph (a)(1) of this section, unless the railroad operating the equipment has knowledge, or FRA makes a showing, that such passenger equipment was not built to the requirements specified in paragraph (a)(1). (c) When overloaded in compression, the body structure of passenger equipment shall be designed, to the maximum e… | ||||
| 49:49:4.1.1.1.32.3.131.20 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.237 Automated monitoring. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 19991, Apr. 23, 2002] | (a) Except as further specified in this paragraph, on or after November 8, 1999 a working alerter or deadman control shall be provided in the controlling locomotive of each passenger train operating in other than cab signal, automatic train control, or automatic train stop territory. If the controlling locomotive is ordered on or after September 8, 2000, or placed into service for the first time on or after September 9, 2002, a working alerter shall be provided. (b) Alerter or deadman control timing shall be set by the operating railroad taking into consideration maximum train speed and capabilities of the signal system. The railroad shall document the basis for setting alerter or deadman control timing and make this documentation available to FRA upon request. (c) If the train operator does not respond to the alerter or maintain proper contact with the deadman control, it shall initiate a penalty brake application. (d) The following procedures apply if the alerter or deadman control fails en route and causes the locomotive to be in non-compliance with paragraph (a): (1)(i) A second person qualified on the signal system and trained to apply the emergency brake shall be stationed in the locomotive cab; or (ii) The engineer shall be in constant communication with a second crewmember until the train reaches the next terminal. (2)(i) A tag shall be prominently displayed in the locomotive cab to indicate that the alerter or deadman control is defective, until such device is repaired; and (ii) When the train reaches its next terminal or the locomotive undergoes its next calendar day inspection, whichever occurs first, the alerter or deadman control shall be repaired or the locomotive shall be removed as the controlling locomotive in the train. | ||||
| 49:49:4.1.1.1.32.3.131.3 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.205 Anti-climbing mechanism. | FRA | [75 FR 1227, Jan. 8, 2010, as amended at 83 FR 59219, Nov. 21, 2018] | (a) Except as provided in paragraph (b) of this section, and § 238.201(b), all passenger equipment placed in service for the first time on or after September 8, 2000, and prior to March 9, 2010, shall have at both the forward and rear ends an anti-climbing mechanism capable of resisting an upward or downward vertical force of 100,000 pounds without failure. All passenger equipment placed in service for the first time on or after March 9, 2010, shall have at both the forward and rear ends an anti-climbing mechanism capable of resisting an upward or downward vertical force of 100,000 pounds without permanent deformation. When coupled together in any combination to join two vehicles, AAR Type H and Type F tight-lock couplers satisfy the requirements of this paragraph (a). (b) Except for a cab car or an MU locomotive, each locomotive ordered on or after September 8, 2000, or placed in service for the first time on or after September 9, 2002, shall have an anti-climbing mechanism at its forward end capable of resisting both an upward and downward vertical force of 200,000 pounds without failure. Locomotives required to be constructed in accordance with subpart D of part 229 of this chapter shall have an anti-climbing mechanism in compliance with § 229.206 of this chapter, in lieu of the requirements of this paragraph. | ||||
| 49:49:4.1.1.1.32.3.131.4 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.207 Link between coupling mechanism and carbody. | FRA | [83 FR 59219, Nov. 21, 2018] | Except as specified in § 238.201(b), all passenger equipment placed in service for the first time on or after September 8, 2000, shall have a coupler carrier at each end designed to resist a vertical downward thrust from the coupler shank of 100,000 pounds for any normal horizontal position of the coupler, without permanent deformation. Passenger equipment connected by articulated joints that complies with the requirements of § 238.205(a) also complies with the requirements of this section. | ||||
| 49:49:4.1.1.1.32.3.131.5 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.209 Forward end structure of locomotives, including cab cars and MU locomotives. | FRA | [75 FR 1228, Jan. 8, 2010, as amended at 83 FR 59219, Nov. 21, 2018] | (a) Except as specified in § 238.201(b)— (1) The skin covering the forward-facing end of each locomotive, including a cab car and an MU locomotive, shall be: (i) Equivalent to a 1/2 -inch steel plate with a yield strength of 25,000 pounds-per-square-inch—material of a higher yield strength may be used to decrease the required thickness of the material provided at least an equivalent level of strength is maintained; (ii) Designed to inhibit the entry of fluids into the occupied cab area of the equipment; and (iii) Affixed to the collision posts or other main vertical structural members of the forward end structure so as to add to the strength of the end structure. (2) As used in this paragraph (a), the term “skin” does not include forward-facing windows and doors. (b) The forward end structure of a cab car or an MU locomotive may comply with the requirements of appendix F to this part in lieu of the requirements of either § 238.211 (Collision posts) or § 238.213 (Corner posts), or both, provided that the end structure is designed to protect the occupied volume for its full height, from the underframe to the anti-telescoping plate (if used) or roof rails. | ||||
| 49:49:4.1.1.1.32.3.131.6 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.211 Collision posts. | FRA | [75 FR 1228, Jan. 8, 2010, as amended at 83 FR 59219, Nov. 21, 2018] | (a) Except as further specified in this paragraph (a), paragraphs (b) through (d) of this section, § 238.201(b), and § 238.209(b)— (1) All passenger equipment placed in service for the first time on or after September 8, 2000, shall have either: (i) Two full-height collision posts, located at approximately the one-third points laterally, at each end. Each collision post shall have an ultimate longitudinal shear strength of not less than 300,000 pounds at a point even with the top of the underframe member to which it is attached. If reinforcement is used to provide the shear value, the reinforcement shall have full value for a distance of 18 inches up from the underframe connection and then taper to a point approximately 30 inches above the underframe connection; or (ii) An equivalent end structure that can withstand the sum of forces that each collision post in paragraph (a)(1)(i) of this section is required to withstand. For analysis purposes, the required forces may be assumed to be evenly distributed at the end structure at the underframe joint. (2) The requirements of this paragraph (a) do not apply to unoccupied passenger equipment operating in a passenger train, or to the rear end of a locomotive if the end is unoccupied by design. (b) Except for a locomotive that is constructed on or after January 1, 2009, and is subject to the requirements of subpart D of part 229 of this chapter, each locomotive, including a cab car and an MU locomotive, ordered on or after September 8, 2000, or placed in service for the first time on or after September 9, 2002, shall have at its forward end, in lieu of the structural protection described in paragraph (a) of this section, either: (1) Two forward collision posts, located at approximately the one-third points laterally, each capable of withstanding: (i) A 500,000-pound longitudinal force at the point even with the top of the underframe, without exceeding the ultimate strength of the joint; and (ii) A 200,000-pound longitudinal force exerted 30 inches above the join… | ||||
| 49:49:4.1.1.1.32.3.131.7 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.213 Corner posts. | FRA | [75 FR 1229, Jan. 8, 2010, as amended at 83 FR 59219, Nov. 21, 2018; 84 FR 16414, Apr. 19, 2019] | (a)(1) Except as further specified in paragraphs (b) and (c) of this section, § 238.201(b), and § 238.209(b), each passenger car shall have at each end of the car, placed ahead of the occupied volume, two full-height corner posts, each capable of resisting together with its supporting car body structure: (i) A 150,000-pound horizontal force applied at a point even with the top of the underframe, without exceeding the ultimate strength of either the post or its supporting car body structure; (ii) A 20,000-pound horizontal force applied at the point of attachment to the roof structure, without exceeding the ultimate strength of either the post or its supporting car body structure; and (iii) A 30,000-pound horizontal force applied at a point 18 inches above the top of the underframe, without permanent deformation of either the post or its supporting car body structure. (2) For purposes of this paragraph (a), the orientation of the applied horizontal forces shall range from longitudinal inward to lateral inward. (b)(1) Except as provided in paragraph (c) of this section, each cab car and MU locomotive ordered on or after May 10, 2010, or placed in service for the first time on or after March 8, 2012, shall have at its forward end, in lieu of the structural protection described in paragraph (a) of this section, two corner posts ahead of the occupied volume, meeting all of the requirements set forth in paragraphs (b)(2) and (b)(3) of this section: (2) Each corner post acting together with its supporting car body structure shall be capable of withstanding the following loads individually applied toward the inside of the vehicle at all angles in the range from longitudinal to lateral: (i) A 300,000-pound horizontal force applied at a point even with the top of the underframe, without exceeding the ultimate strength of either the post or its supporting car body structure; (ii) A 100,000-pound horizontal force applied at a point 18 inches above the top of the underframe, without permanent deformation of either the … | ||||
| 49:49:4.1.1.1.32.3.131.8 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.215 Rollover strength. | FRA | (a) Each passenger car shall be designed to rest on its side and be uniformly supported at the top (“roof rail”), the bottom cords (“side sill”) of the side frame, and, if bi-level, the intermediate floor rail. The allowable stress in the structural members of the occupied volumes for this condition shall be one-half yield or one-half the critical buckling stress, whichever is less. Local yielding to the outer skin of the passenger car is allowed provided that the resulting deformations in no way intrude upon the occupied volume of the car. (b) Each passenger car shall also be designed to rest on its roof so that any damage in occupied areas is limited to roof sheathing and framing. Other than roof sheathing and framing, the allowable stress in the structural members of the occupied volumes for this condition shall be one-half yield or one-half the critical buckling stress, whichever is less. Deformation to the roof sheathing and framing is allowed to the extent necessary to permit the vehicle to be supported directly on the top chords of the side frames and end frames. | |||||
| 49:49:4.1.1.1.32.3.131.9 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | C | Subpart C—Specific Requirements for Tier I Passenger Equipment | § 238.217 Side structure. | FRA | Each passenger car shall comply with the following: (a) Side posts and corner braces. (1) For modified girder, semi-monocoque, or truss construction, the sum of the section moduli in inches 3 —about a longitudinal axis, taken at the weakest horizontal section between the side sill and side plate—of all posts and braces on each side of the car located between the body corner posts shall be not less than 0.30 multiplied by the distance in feet between the centers of end panels. (2) For modified girder or semi-monocoque construction only, the sum of the section moduli in inches 3 —about a transverse axis, taken at the weakest horizontal section between the side sill and side plate—of all posts, braces and pier panels, to the extent available, on each side of the car located between body corner posts shall be not less than 0.20 multiplied by the distance in feet between the centers of end panels. (3) The center of an end panel is the point midway between the center of the body corner post and the center of the adjacent side post. (4) The minimum section moduli or thicknesses specified in paragraph (a) of this section may be adjusted in proportion to the ratio of the yield strength of the material used to that of mild open-hearth steel for a car whose structural members are made of a higher strength steel. (b) Sheathing. (1) Outside sheathing of mild, open-hearth steel when used flat, without reinforcement (other than side posts) in a side frame of modified girder or semi-monocoque construction shall not be less than 1/8 inch nominal thickness. Other metals may be used of a thickness in inverse proportion to their yield strengths. (2) Outside metal sheathing of less than 1/8 inch thickness may be used only if it is reinforced so as to produce at least an equivalent sectional area at a right angle to reinforcements as that of the flat sheathing specified in paragraph (b)(1) of this section. (3) When the sheathing used for truss construction serves no load-carrying function, the minimum thickness of… | |||||
| 49:49:4.1.1.1.32.4.131.1 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.301 Scope. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41307, July 3, 2000] | (a) This subpart contains requirements pertaining to the inspection, testing, and maintenance of passenger equipment operating at speeds not exceeding 125 miles per hour. The requirements in this subpart address the inspection, testing, and maintenance of the brake system as well as other mechanical and electrical components covered by this part. (b) Beginning on January 1, 2002, the requirements contained in this subpart shall apply to railroads operating Tier I passenger equipment covered by this part. A railroad may request earlier application of the requirements contained in this subpart upon written notification to FRA's Associate Administrator for Safety as provided in § 238.1(c). (c) Paragraphs (b) and (c) of § 238.309 shall apply beginning September 9, 1999. | ||||
| 49:49:4.1.1.1.32.4.131.10 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.319 Running brake test. | FRA | (a) As soon as conditions safely permit, a running brake test shall be performed on each passenger train after the train has received, or was required under this part to have received, either a Class I, Class IA, or Class II brake test. (b) A running brake test shall be performed whenever the control stand used to control the train is changed to facilitate the movement of a passenger train from one track to another within a terminal complex while not in passenger service. (c) The running brake test shall be conducted in accordance with the railroad's established operating rules, and shall be made by applying brakes in a manner that allows the engineer to ascertain whether the brakes are operating properly. (d) If the engineer determines that the brakes are not operating properly, the engineer shall stop the train and follow the procedures provided in § 238.15. | |||||
| 49:49:4.1.1.1.32.4.131.11 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.321 Out-of-service credit. | FRA | [71 FR 61862, Oct. 19, 2006] | When a passenger car is out of service for 30 or more consecutive days or is out of service when it is due for any test or inspection required by § 238.307 or § 238.309 an out of use notation showing the number of out of service days shall be made in the records required under §§ 238.307(e) and 238.309(f). If the passenger car is out of service for one or more periods of at least 30 consecutive days, the interval prescribed for any test or inspection required by §§ 238.307 and 238.309 may be extended by the number of days in each period the passenger car is out of service since the last test or inspection in question. A movement made in accordance with § 229.9 of this chapter or § 238.17 is not considered service for the purposes of determining the out-of-service credit. | ||||
| 49:49:4.1.1.1.32.4.131.2 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.303 Exterior calendar day mechanical inspection of passenger equipment. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41307, July 3, 2000; 71 FR 61862, Oct. 19, 2006; 73 FR 6412, Feb. 1, 2008; 78 FR 71814, Nov. 29, 2013] | (a) General. (1) Except as provided in paragraph (f) of this section, each passenger car and each unpowered vehicle used in a passenger train shall receive an exterior mechanical inspection at least once each calendar day that the equipment is placed in service. (2) Except as provided in paragraph (f) of this section, all passenger equipment shall be inspected as required in this section at least once each calendar day that the equipment is placed in service to ensure that the equipment conforms with the requirement contained in paragraph (e)(15) of this section. (3) If a passenger care is also classified as a locomotive under part 229 of this chapter, the passenger car shall also receive a daily inspection pursuant to the requirements of § 229.21 of this chapter. (b) Each passenger car and each unpowered vehicle added to a passenger train shall receive an exterior calendar day mechanical inspection in accordance with the following: (1) Except as provided in paragraph (b)(2) of this section, each passenger car and each unpowered vehicle added to a passenger train shall receive an exterior calendar day mechanical inspection at the time it is added to the train unless notice is provided to the train crew that an exterior mechanical inspection was performed on the car or vehicle on the last day it was used in passenger service. The notice required by this section shall contain the date, time, and location of the last exterior mechanical inspection; (2) Each express car, freight car, and each unit of intermodal equipment ( e.g., RoadRailers ®) added to a passenger train shall receive an exterior calendar day mechanical inspection at the time it is added to the train, unless notice is provided to the train crew that an exterior mechanical inspection was performed on the car within the previous calendar day. The notice required by this section shall contain the date, time, and location of the last exterior mechanical inspection. (c) The exterior calendar day mechanical inspection shall be performed by a qualif… | ||||
| 49:49:4.1.1.1.32.4.131.3 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.305 Interior calendar day mechanical inspection of passenger cars. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41308, July 3, 2000; 73 FR 6412, Feb. 1, 2008; 78 FR 71814, Nov. 29, 2013] | (a) Except as provided in paragraph (e) of this section, each passenger car shall receive an interior mechanical inspection at least once each calendar day that it is placed in service. (b) The interior calendar day mechanical inspection shall be performed by a qualified person or a qualified maintenance person. (c) As part of the interior calendar day mechanical inspection, the railroad shall verify conformity with the following conditions, and nonconformity with any such condition renders the car defective when discovered in service, except as provided in paragraphs (c)(8) through (13) and paragraph (d) of this section. (1) All fan openings, exposed gears and pinions, exposed moving parts of mechanisms, pipes carrying hot gases and high-voltage equipment, switches, circuit breakers, contactors, relays, grid resistors, and fuses are installed in non-hazardous locations or equipped with guards to prevent personal injury. (2) Floors of passageways and compartments are free from oil, water, waste, or any obstruction that creates a slipping, tripping, or fire hazard, and floors are properly treated to provide secure footing. (3) All D rings, pull handles, or other means to access manual door releases are in place based on a visual inspection. (4) All emergency equipment, including a fire extinguisher, pry bar, auxiliary portable lighting, and first aid kits, as applicable, are in place. (5) The words “Emergency Brake Valve” are legibly stenciled or marked near each brake pipe valve or shown on an adjacent badge plate. (6) All doors and cover plates guarding high voltage equipment are marked “Danger—High Voltage” or with the word “Danger” and the normal voltage carried by the parts so protected. (7) All safety-related signage is in place and legible. (8) All trap doors safely operate and securely latch in place in both the up and down position. A non-complying car may continue in passenger service pursuant to paragraph (d) of this section, if the trap door can be secured by locking out the door for which it… | ||||
| 49:49:4.1.1.1.32.4.131.4 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.307 Periodic mechanical inspection of passenger cars and unpowered vehicles used in passenger trains. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41308, July 3, 2000; 71 FR 61862, Oct. 19, 2006; 73 FR 6412, Feb. 1, 2008; 78 FR 71815, Nov. 29, 2013] | (a) General. (1) Railroads shall conduct periodic mechanical inspections of all passenger cars and all unpowered vehicles used in a passenger train as required by this section or as warranted and justified by data developed pursuant to paragraph (a)(2) of this section. A periodic inspection conducted under part 229 of this chapter satisfies the requirement of this section with respect to the features inspected. (2) A railroad may, upon written notification to FRA's Associate Administrator for Safety, adopt and comply with alternative periodic mechanical inspection intervals for specific components or equipment in lieu of the requirements of this section. Any alternative interval must be based upon a documented reliability assessment conducted under a system safety plan subject to periodic peer audit. (See Appendix E to this part for a discussion of the general principles of reliability-based maintenance programs.) The periodic inspection intervals provided in this section may be changed only when justified by accumulated, verifiable data that provides a high level of confidence that the component(s) will not fail in a manner resulting in harm to persons. FRA may monitor and review a railroad's implementation and compliance with any alternative interval adopted. FRA's Associate Administrator for Safety may prohibit or revoke a railroad's ability to utilize an alternative inspection interval if FRA determines that the adopted interval is not supported by credible data or does not provide adequate safety assurances. Such a determination will be made in writing and will state the basis for such action. (b) Each periodic mechanical inspection required by this section shall be performed by a qualified maintenance person. (c) The periodic mechanical inspection shall specifically include the following interior and exterior mechanical components, which shall be inspected not less frequently than every 184 days. At a minimum, this inspection shall determine that: (1) Seats and seat attachments are not broken or loose… | ||||
| 49:49:4.1.1.1.32.4.131.5 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.309 Periodic brake equipment maintenance. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41309, July 3, 2000; 77 FR 21357, Apr. 9, 2012] | (a) General. (1) This section contains the minimum intervals at which the brake equipment on various types of passenger equipment shall be periodically cleaned, repaired, and tested. This maintenance procedure requires that all of the equipment's brake system pneumatic components that contain moving parts and are sealed against air leaks be removed from the equipment, disassembled, cleaned, and lubricated and that the parts that can deteriorate with age be replaced. (2) A railroad may petition FRA's Associate Administrator for Safety to approve alternative maintenance procedures providing equivalent safety, in lieu of the requirements of this section. The petition shall be filed as provided in § 238.21. (b) DMU and MU locomotives. The brake equipment and brake cylinders of each DMU or MU locomotive shall be cleaned, repaired, and tested, and the filtering devices or dirt collectors located in the main reservoir supply line to the air brake system cleaned, repaired, or replaced at intervals in accordance with the following schedule: (1) Every 736 days if the DMU or MU locomotive is part of a fleet that is not 100 percent equipped with air dryers; (2) Every 1,104 days if the DMU or MU locomotive is part of a fleet that is 100 percent equipped with air dryers and is equipped with PS-68, 26-C, 26-L, PS-90, CS-1, RT-2, RT-5A, GRB-1, CS-2, or 26-R brake systems. (This listing of brake system types is intended to subsume all brake systems using 26 type, ABD, or ABDW control valves and PS68, PS-90, 26B-1, 26C, 26CE, 26-B1, 30CDW, or 30ECDW engineer's brake valves.); (3) Every 1,840 days if the DMU or MU locomotive is part of a fleet that is 100 percent equipped with air dryers and is equipped with KB-HL1, KB-HS1, or KBCT1; and, (4) Every 736 days for all other DMU or MU locomotives. (c) Conventional locomotives. The brake equipment of each conventional locomotive shall be cleaned, repaired, and tested in accordance with the schedule provided in § 229.29 of this chapter. (d) Passenger coaches and other unpo… | ||||
| 49:49:4.1.1.1.32.4.131.6 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.311 Single car test. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41309, July 3, 2000; 74 FR 25174, May 27, 2009] | (a) Except for self-propelled passenger cars, single car tests of all passenger cars and all unpowered vehicles used in passenger trains shall be performed in accordance with either APTA Standard SS-M-005-98, “Code of Tests for Passenger Car Equipment Using Single Car Testing Device,” published March, 1998; or an alternative procedure approved by FRA pursuant to § 238.21. The incorporation by reference of this APTA standard was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the incorporated document from the American Public Transit Association, 1201 New York Avenue, NW., Washington, DC 20005. You may inspect a copy of the document at the Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue, SE., Washington, DC or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) Each single car test required by this section shall be performed by a qualified maintenance person. (c) A railroad shall perform a single car test of the brake system of a car or vehicle described in paragraph (a) of this section if the car or vehicle is found with one or more of the following wheel defects: (1) Built-up tread; (2) Slid flat wheel; (3) Thermal crack; (4) Overheated wheel; or (5) Shelling. (d) A railroad need not perform the single car test required in paragraph (c) of this section, if the railroad can establish that the wheel defect is other than built-up tread and is due to a cause other than a defective brake system on the car. (e) Except as provided in paragraph (f) of this section, a railroad shall perform a single car test of the brake system of a car or vehicle described in paragraph (a) of this section when: (1) Except for private cars, a car or vehicle is placed in service after having been out of service for 30 days or more; or (2)… | ||||
| 49:49:4.1.1.1.32.4.131.7 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.313 Class I brake test. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41309, July 3, 2000; 71 FR 61862, Oct. 19, 2006] | (a) Each commuter and short-distance intercity passenger train shall receive a Class I brake test once each calendar day that the train is placed or continues in passenger service. (b) Except as provided in paragraph (i) of this section, each long-distance intercity passenger train shall receive a Class I brake test: (1) Prior to the train's departure from an originating terminal; and (2) Every 1,500 miles or once each additional calendar day, whichever occurs first, that the train remains in continuous passenger service. (c) Each passenger car and each unpowered vehicle added to a passenger train shall receive a Class I or Class IA brake test at the time it is added to the train unless notice is provided to the train crew that a Class I brake test was performed on the car within the previous calendar day and the car has not been disconnected from a source of compressed air for more than four hours prior to being added to the train. The notice required by this section shall contain the date, time, and location of the last Class I brake test. (d) Each Class I brake test shall be performed by a qualified maintenance person. (e) Each Class I brake test may be performed either separately or in conjunction with the exterior calendar day mechanical inspection required under § 238.303. (f) Except as provided in § 238.15(b), a railroad shall not use or haul a passenger train in passenger service from a location where a Class I brake test has been performed, or was required by this part to have been performed, with less than 100 percent operative brakes. (g) A Class I brake test shall be performed at the air pressure at which the train's air brakes will be operated, but not less than 90 psi, and shall be made to determine and ensure that: (1) The friction brakes apply and remain applied on each car in the train until a release of the brakes has been initiated on each car in response to train line electric, pneumatic, or other signals. This test shall include a verification that each side of each car's brake syste… | ||||
| 49:49:4.1.1.1.32.4.131.8 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.315 Class IA brake test. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41310, July 3, 2000; 67 FR 19991, Apr. 23, 2002] | (a) Except as provided in paragraph (b) of this section, either a Class I or a Class IA brake test shall be performed: (1) Prior to the first morning departure of each commuter or short-distance intercity passenger train, unless all of the following conditions are satisfied: (i) A Class I brake test was performed within the previous twelve (12) hours; (ii) The train has not been used in passenger service since the performance of the Class I brake test; and (iii) The train has not been disconnected from a source of compressed air for more than four hours since the performance of the Class I brake test; and (2) Prior to placing a train in service that has been off a source of compressed air for more than four hours. (b) A commuter or short-distance intercity passenger train that provides continuing late night service that began prior to midnight may complete its daily operating cycle after midnight without performing another Class I or Class IA brake test. A Class I or Class IA brake test shall be performed on such a train before it starts a new daily operating cycle. (c) A Class IA brake test may be performed at a shop or yard site and is not required to be repeated at the first passenger terminal if the train remains on a source of compressed air and: (1) The train remains in the custody of the train crew; or (2) The train crew receives notice that the Class IA brake test has been performed. (d) The Class IA brake test shall be performed by either a qualified person or a qualified maintenance person. (e) Except as provided in § 238.15(b), a railroad shall not use or haul a passenger train in passenger service from a location where a Class IA brake test has been performed, or was required by this part to have been performed, with less than 100 percent operative brakes. (f) A Class IA brake test shall be performed at the air pressure at which the train's air brakes will be operated and shall determine and ensure that: (1) Brake pipe leakage does not exceed 5 pounds per square inch per minute if brake p… | ||||
| 49:49:4.1.1.1.32.4.131.9 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | D | Subpart D—Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment | § 238.317 Class II brake test. | FRA | [64 FR 25660, May 12, 1999, as amended at 65 FR 41310, July 3, 2000; 67 FR 19991, Apr. 23, 2002] | (a) A Class II brake test shall be performed on a passenger train when any of the following events occurs: (1) Whenever the control stand used to control the train is changed; except if the control stand is changed to facilitate the movement of a passenger train from one track to another within a terminal complex while not in passenger service. In these circumstances, a Class II brake test shall be performed prior to the train's departure from the terminal complex with passengers; (2) Prior to the first morning departure of each commuter or short-distance intercity passenger train where a Class I brake test remains valid as provided in § 238.315(a)(1); (3) When previously tested units (i.e., cars that received a Class I brake test within the previous calendar day and have not been disconnected from a source of compressed air for more than four hours) are added to the train; (4) When cars or equipment are removed from the train; and (5) When an operator first takes charge of the train, except for face-to-face relief. (b) A Class II brake test shall be performed by a qualified person or a qualified maintenance person. (c) Except as provided in § 238.15, a railroad shall not use or haul a passenger train in passenger service from a terminal or yard where a Class II brake test has been performed, or was required by this part to have been performed, with any of the brakes cut-out, inoperative, or defective. (d) In performing a Class II brake test on a train, a railroad shall determine that: (1) The brakes on the rear unit of the train apply and release in response to a signal from the engineer's brake valve or controller of the leading or controlling unit, or a gauge or similar device located at the rear of the train or in the cab of the rear unit indicates that brake pipe pressure changes are properly communicated at the rear of the train; (2) For MU locomotives that utilize an electric signal to communicate a service brake application and only a pneumatic signal to propagate an emergency brake application,… | ||||
| 49:49:4.1.1.1.32.5.131.1 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.401 Scope. | FRA | [64 FR 25660, May 12, 1999, as amended at 83 FR 59219, Nov. 21, 2018] | This subpart contains specific requirements for railroad passenger equipment operating at speeds exceeding 125 mph but not exceeding 160 mph. The requirements of this subpart apply beginning on September 9, 1999. As stated in § 238.433(b), all such passenger equipment remains subject to the requirements concerning couplers and uncoupling devices contained in Federal statute at 49 U.S.C. chapter 203 and in FRA regulations at part 231 and § 232.2 of this chapter. | ||||
| 49:49:4.1.1.1.32.5.131.10 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.419 Truck-to-car-body and truck component attachment. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 19992, Apr. 23, 2002] | (a) The ultimate strength of the truck-to-car-body attachment for each unit in a train shall be sufficient to resist without failure the following individually applied loads: a vertical force equivalent to 2g acting on the mass of the truck; and a force of 250,000 pounds acting in any horizontal direction on the truck, along with the resulting vertical reaction to this load. (b) Each component of a truck (which include axles, wheels, bearings, the truck-mounted brake system, suspension system components, and any other components attached to the truck by design) shall remain attached to the truck when a force equivalent to 2g acting on the mass of the component is exerted in any direction on that component. | ||||
| 49:49:4.1.1.1.32.5.131.11 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.421 Glazing. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 19992, Apr. 23, 2002] | (a) General. Except as provided in paragraphs (b) and (c) of this section, each exterior window on a passenger car and a power car cab shall comply with the requirements contained in part 223 of this chapter. (b) Particular end-facing exterior glazing requirements. Each end-facing exterior window in a passenger car and a power car cab shall also, in the orientation in which it is installed in the car: (1) Resist the impact of a 12-pound solid steel sphere traveling (i) at the maximum speed at which the car will operate (ii) at an impact angle no less severe than horizontal to the car, with no penetration or spall. An impact angle that is perpendicular (90 degrees) to the window's surface shall be considered the most severe impact angle for purposes of this requirement; and (2) Demonstrate anti-spalling performance by the use of a 0.001-inch thick aluminum witness plate, placed 12 inches from the window's surface during all impact tests. The witness plate shall contain no marks from spalled glazing particles after any impact test; and (3) Be permanently marked, prior to installation, in such a manner that the marking is clearly visible after the material has been installed. The marking shall include: (i) The words “FRA TYPE IHP” to indicate that the material has successfully passed the testing requirements specified in this paragraph; (ii) The name of the manufacturer; and (iii) The type or brand identification of the material. (c) Passenger equipment ordered prior to May 12, 1999. Each exterior window in passenger equipment ordered prior to May 12, 1999, may comply with the following glazing requirements in lieu of the requirements specified in paragraphs (a) and (b) of this section: (1) Each end-facing exterior window shall, in the orientation in which it is installed in the vehicle, resist the impact of a 12-pound solid steel sphere traveling (i) at the maximum speed at which the vehicle will operate (ii) at an impact angle no less severe than horizontal to the vehicle, with no penetration or spa… | ||||
| 49:49:4.1.1.1.32.5.131.12 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.423 Fuel tanks. | FRA | (a) External fuel tanks. Each type of external fuel tank must be approved by FRA's Associate Administrator for Safety upon a showing that the fuel tank provides a level of safety at least equivalent to a fuel tank that complies with the external fuel tank requirements in § 238.223(a). (b) Internal fuel tanks. Internal fuel tanks shall comply with the requirements specified in § 238.223(b). | |||||
| 49:49:4.1.1.1.32.5.131.13 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.425 Electrical system. | FRA | (a) Circuit protection. (1) The main propulsion power line shall be protected with a lightning arrestor, automatic circuit breaker, and overload relay. The lightning arrestor shall be run by the most direct path possible to ground with a connection to ground of not less than No. 6 AWG. These overload protection devices shall be housed in an enclosure designed specifically for that purpose with the arc chute vented directly to outside air. (2) Head end power, including trainline power distribution, shall be provided with both overload and ground fault protection. (3) Circuits used for purposes other than propelling the equipment shall be connected to their power source through circuit breakers or equivalent current-limiting devices. (4) Each auxiliary circuit shall be provided with a circuit breaker located as near as practical to the point of connection to the source of power for that circuit; however, such protection may be omitted from circuits controlling safety-critical devices. (b) Main battery system. (1) The main batteries shall be isolated from the cab and passenger seating areas by a non-combustible barrier. (2) Battery chargers shall be designed to protect against overcharging. (3) Battery circuits shall include an emergency battery cut-off switch to completely disconnect the energy stored in the batteries from the load. (4) If batteries are of the type to potentially vent explosive gases, the batteries shall be adequately ventilated to prevent accumulation of explosive concentrations of these gases. (c) Power dissipation resistors. (1) Power dissipating resistors shall be adequately ventilated to prevent overheating under worst-case operating conditions. (2) Power dissipation grids shall be designed and installed with sufficient isolation to prevent combustion between resistor elements and combustible material. (3) Power dissipation resistor circuits shall incorporate warning or protective devices for low ventilation air flow, over-temperature, and short circuit failures. (4) Resistor … | |||||
| 49:49:4.1.1.1.32.5.131.14 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.427 Suspension system. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 19992, Apr. 23, 2002; 78 FR 16126, Mar. 13, 2013] | (a) General requirements. (1) Suspension systems shall be designed to reasonably prevent wheel climb, wheel unloading, rail rollover, rail shift, and a vehicle from overturning to ensure safe, stable performance and ride quality. These requirements shall be met: (i) In all operating environments, and under all track conditions and loading conditions as determined by the operating railroad; and (ii) At all track speeds and over all track qualities consistent with the Track Safety Standards in part 213 of this chapter, up to the maximum operating speed and maximum cant deficiency of the equipment. (2) All passenger equipment shall meet the safety performance standards for suspension systems contained in part 213 of this chapter, or alternative standards providing at least equivalent safety if approved by FRA under the provisions of § 238.21. In particular— (i) Pre-revenue service qualification. All passenger equipment shall demonstrate safe operation during pre-revenue service qualification in accordance with § 213.345 of this chapter and is subject to the requirements of § 213.329 of this chapter. (ii) Revenue service operation. All passenger equipment in service is subject to the requirements of §§ 213.329 and 213.333 of this chapter. (b) Carbody acceleration. A passenger car shall not operate under conditions that result in a steady-state lateral acceleration greater than 0.15g, as measured parallel to the car floor inside the passenger compartment. Additional carbody acceleration limits are specified in § 213.333 of this chapter. (c) Truck (hunting) acceleration. Each truck shall be equipped with a permanently installed lateral accelerometer mounted on the truck frame. If truck hunting is detected, the train monitoring system shall provide an alarm to the locomotive engineer, and the train shall be slowed to a speed at least 5 mph less than the speed at which the truck hunting stopped. Truck hunting is defined in § 213.333 of this chapter. | ||||
| 49:49:4.1.1.1.32.5.131.15 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.428 Overheat sensors. | FRA | [78 FR 16126, Mar. 13, 2013] | Overheat sensors for each wheelset journal bearing shall be provided. The sensors may be placed either onboard the equipment or at reasonable intervals along the railroad's right-of-way. | ||||
| 49:49:4.1.1.1.32.5.131.16 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.429 Safety appliances. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 19992, Apr. 23, 2002] | (a) Couplers. (1) The leading and the trailing ends of a semi-permanently coupled trainset shall each be equipped with an automatic coupler that couples on impact and uncouples by either activation of a traditional uncoupling lever or some other type of uncoupling mechanism that does not require a person to go between the equipment units. (2) The automatic coupler and uncoupling device on the leading and trailing ends of a semi-permanently coupled trainset may be stored within a removable shrouded housing. (3) If the units in a train are not semi-permanently coupled, both ends of each unit shall be equipped with an automatic coupler that couples on impact and uncouples by either activation of a traditional uncoupling lever or some other type of uncoupling mechanism that does not require a person to go between the equipment units. (b) Hand brakes. Except as provided in paragraph (f) of this section, Tier II trains shall be equipped with a parking or hand brake that can be applied and released manually and that is capable of holding the train on a 3-percent grade. (c) Safety appliance mechanical strength and fasteners. (1) All handrails, handholds, and sill steps shall be made of 1-inch diameter steel pipe, 5/8 -inch thickness steel, or a material of equal or greater mechanical strength. (2) All safety appliances shall be securely fastened to the car body structure with mechanical fasteners that have mechanical strength greater than or equal to that of a 1/2 -inch diameter SAE grade steel bolt mechanical fastener. (i) Safety appliance mechanical fasteners shall have mechanical strength and fatigue resistance equal to or greater than a 1/2 -inch diameter SAE steel bolt. (ii) Mechanical fasteners shall be installed with a positive means to prevent unauthorized removal. Self-locking threaded fasteners do not meet this requirement. (iii) Mechanical fasteners shall be installed to facilitate inspection. (d) Handrails and handholds. Except as provided in paragraph (f) of this section: (1) Handrail… | ||||
| 49:49:4.1.1.1.32.5.131.17 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.431 Brake system. | FRA | (a) A passenger train's brake system shall be capable of stopping the train from its maximum operating speed within the signal spacing existing on the track over which the train is operating under worst-case adhesion conditions. (b) The brake system shall be designed to allow an inspector to determine that the brake system is functioning properly without having to place himself or herself in a dangerous position on, under, or between the equipment. (c) Passenger equipment shall be provided with an emergency brake application feature that produces an irretrievable stop, using a brake rate consistent with prevailing adhesion, passenger safety, and brake system thermal capacity. An emergency brake application shall be available at any time, and shall be initiated by an unintentional parting of the train. A means to initiate an emergency brake application shall be provided at two locations in each unit of the train; however, where a unit of the train is 45 feet or less in length a means to initiate an emergency brake application need only be provided at one location in the unit. (d) The brake system shall be designed to prevent thermal damage to wheels and brake discs. The operating railroad shall demonstrate through analysis and testing that no thermal damage results to the wheels or brake discs under conditions resulting in maximum braking effort being exerted on the wheels or discs. (e) The following requirements apply to blended braking systems: (1) Loss of power or failure of the dynamic brake does not result in exceeding the allowable stopping distance; (2) The friction brake alone is adequate to safely stop the train under all operating conditions; (3) The operational status of the electric portion of the brake system shall be displayed for the train operator in the control cab; and (4) The operating railroad shall demonstrate through analysis and testing the maximum operating speed for safe operation of the train using only the friction brake portion of the blended brake with no thermal damage to whee… | |||||
| 49:49:4.1.1.1.32.5.131.18 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.433 Draft system. | FRA | (a) Leading and trailing automatic couplers of trains shall be compatible with standard AAR couplers with no special adapters used. (b) All passenger equipment continues to be subject to the requirements concerning couplers and uncoupling devices contained in Federal Statute at 49 U.S.C. chapter 203 and in FRA regulations at part 231 and § 232.2 of this chapter. | |||||
| 49:49:4.1.1.1.32.5.131.19 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.435 Interior fittings and surfaces. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 19992, Apr. 23, 2002] | (a) Each seat back and seat attachment in a passenger car shall be designed to withstand, with deflection but without total failure, the load associated with the impact into the seat back of an unrestrained 95th-percentile adult male initially seated behind the seat back, when the floor to which the seat is attached decelerates with a triangular crash pulse having a peak of 8g and a duration of 250 milliseconds. (b) Each seat back in a passenger car shall include shock-absorbent material to cushion the impact of occupants with the seat ahead of them. (c) The ultimate strength of each seat attachment to a passenger car body shall be sufficient to withstand the following individually applied accelerations acting on the mass of the seat plus the mass of a seat occupant who is a 95th-percentile adult male: (1) Lateral: 4g; and (2) Vertical: 4g. (d)(1) Other interior fittings shall be attached to the passenger car body with sufficient strength to withstand the following individually applied accelerations acting on the mass of the fitting: (i) Longitudinal: 8g; (ii) Lateral: 4g; and (iii) Vertical: 4g. (2) Fittings that can be expected to be impacted by a person during a collision, such as tables between facing seats, shall be designed for the mass of the fitting plus the mass of the number of occupants who are 95th-percentile adult males that could be expected to strike the fitting, when the floor of the passenger car decelerates with a triangular crash pulse having a peak of 8g and a duration of 250 milliseconds. (e) The ultimate strength of the interior fittings and equipment in power car control cabs shall be sufficient to resist without failure loads due to the following individually applied accelerations acting on the mass of the fitting or equipment: (1) Longitudinal: 12g; (2) Lateral: 4g; and (3) Vertical: 4g. (f) To the extent possible, interior fittings, except seats, shall be recessed or flush-mounted. Corners and sharp edges shall be avoided or otherwise padded. (g) Energy-absorbent material … | ||||
| 49:49:4.1.1.1.32.5.131.2 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.403 Crash energy management. | FRA | (a) Each power car and trailer car shall be designed with a crash energy management system to dissipate kinetic energy during a collision. The crash energy management system shall provide a controlled deformation and collapse of designated sections within the unoccupied volumes to absorb collision energy and to reduce the decelerations on passengers and crewmembers resulting from dynamic forces transmitted to occupied volumes. (b) The design of each unit shall consist of an occupied volume located between two normally unoccupied volumes. Where practical, sections within the unoccupied volumes shall be designed to be structurally weaker than the occupied volume. During a collision, the designated sections within the unoccupied volumes shall start to deform and eventually collapse in a controlled fashion to dissipate energy before any structural damage occurs to the occupied volume. (c) At a minimum, each Tier II passenger train shall be designed to meet the following requirements: (1) Thirteen megajoules (MJ) shall be absorbed at each end of the train through the controlled crushing of unoccupied volumes, and of this amount a minimum of 5 MJ shall be absorbed ahead of the operator's cab in each power car; (2) A minimum of an additional 3 MJ shall be absorbed by the power car structure between the operator's cab and the first trailer car; and (3) The end of the first trailer car adjacent to each power car shall absorb a minimum of 5 MJ through controlled crushing. (d) For a 30-mph collision of a Tier II passenger train on tangent, level track with an identical stationary train: (1) When seated anywhere in a trailer car, the velocity at which a 50th-percentile adult male contacts the seat back ahead of him shall not exceed 25 mph; and (2) The deceleration of the occupied volumes of each trailer car shall not exceed 8g. For the purpose of demonstrating compliance with this paragraph, deceleration measurements may be processed through a low-pass filter having a bandwidth of 50 Hz. (e) Compliance with paragrap… | |||||
| 49:49:4.1.1.1.32.5.131.20 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.437 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.32.5.131.21 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.439 Doors. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 19993, Apr. 23, 2002; 78 FR 71815, Nov. 29, 2013] | In addition to the requirements of § 238.112— (a) The status of each powered, exterior side door in a passenger car shall be displayed to the crew in the operating cab. If door interlocks are used, the sensors used to detect train motion shall be nominally set to operate at 3 mph. (b) Each powered, exterior side door in a passenger car shall be connected to an emergency back-up power system. (c) For a passenger car ordered prior to January 28, 2014, and placed in service prior to January 29, 2018, a passenger compartment end door (other than a door providing access to the exterior of the trainset) shall be equipped with a kick-out panel, pop-out window, or other similar means of egress in the event the door will not open, or shall be so designed as to pose a negligible probability of becoming inoperable in the event of car body distortion following a collision or derailment. | ||||
| 49:49:4.1.1.1.32.5.131.22 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.441 Emergency roof access. | FRA | [73 FR 6412, Feb. 1, 2008, as amended at 78 FR 71815, Nov. 29, 2013] | (a) Existing passenger cars and power cars. Each passenger car and power car ordered prior to April 1, 2009 and placed in service for the first time prior to April 1, 2011, shall have a minimum of one roof hatch emergency access location with a minimum opening of 26 inches by 24 inches, or at least one structural weak point in the roof providing a minimum opening of the same dimensions, to provide access for properly equipped emergency response personnel. Each emergency roof access location shall be conspicuously marked, and legible and understandable operating instructions shall be posted at or near each such location. On or after January 28, 2015, such markings shall also conform with the requirements specified in § 238.125. (b) New passenger cars. Each passenger car ordered on or after April 1, 2009 or placed in service for the first time on or after April 1, 2011, shall comply with the emergency roof access requirements specified in § 238.123. (c) New power cars. Each power car ordered on or after April 1, 2009, or placed in service for the first time on or after April 1, 2011, shall have a minimum of one emergency roof access location, with a minimum opening of 26 inches longitudinally by 24 inches laterally, and comply with the emergency roof access requirements specified in §§ 238.123(b), (d), and (e). | ||||
| 49:49:4.1.1.1.32.5.131.23 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.443 Headlights. | FRA | [67 FR 19993, Apr. 23, 2002] | (a) Each power car shall be equipped with at least two headlights. Each headlight shall produce no less than 200,000 candela. One headlight shall be arranged to illuminate a person standing between the rails 800 feet ahead of the power car under clear weather conditions. The other headlight shall be arranged to illuminate a person standing between the rails 1,500 feet ahead of the power car under clear weather conditions. (b) A power car with a headlight not in compliance with the requirements of paragraph (a) of this section shall be moved in accordance with the following: (1) If one of the headlights is defective, the defect shall be considered a non-running gear defect subject to the provisions contained in § 238.17 of this part. (2) If both headlights are defective, the power car shall be inspected and tagged in accordance with the requirements contained in § 238.17(c) relating to non-running gear defects. The power car may continue to be used in passenger service only to the nearest forward location where the repairs necessary to bring the power car into compliance can be made or to the power car's next calendar day mechanical inspection, whichever occurs first. | ||||
| 49:49:4.1.1.1.32.5.131.24 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.445 Automated monitoring. | FRA | (a) Each passenger train shall be equipped to monitor the performance of the following systems or components: (1) Reception of cab signals and train control signals; (2) Truck hunting; (3) Dynamic brake status; (4) Friction brake status; (5) Fire detection systems; (6) Head end power status; (7) Alerter or deadman control; (8) Horn and bell; (9) Wheel slide; (10) Tilt system, if so equipped; and (11) On-board bearing-temperature sensors, if so equipped. (b) When any such system or component is operating outside of its predetermined safety parameters: (1) The train operator shall be alerted; and (2) Immediate corrective action shall be taken, if the system or component defect impairs the train operator's ability to safely operate the train. Immediate corrective action includes limiting the speed of the train. (c) The monitoring system shall be designed with an automatic self-test feature that notifies the train operator that the monitoring capability is functioning correctly and alerts the train operator when a system failure occurs. | |||||
| 49:49:4.1.1.1.32.5.131.25 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.447 Train operator's controls and power car cab layout. | FRA | (a) Train operator controls in the power car cab shall be arranged so as to minimize the chance of human error, and be comfortably within view and within easy reach when the operator is seated in the normal train control position. (b) The train operator's control panel buttons, switches, levers, knobs, and the like shall be distinguishable by sight and by touch. (c) An alerter shall be provided in the power car cab. If not acknowledged, the alerter shall cause a brake application to stop the train. (d) Power car cab information displays shall be designed with the following characteristics: (1) Simplicity and standardization shall be the driving criteria for design of formats for the display of information in the cab; (2) Essential, safety-critical information shall be displayed as a default condition; (3) Operator selection shall be required to display other than default information; (4) Cab or train control signals shall be displayed for the operator; and (5) Displays shall be readable from the operators's normal position under all lighting conditions. (e) The power car cab shall be designed so at to permit the crew to have an effective field of view in the forward direction, as well as to the right and left of the direction of travel to observe objects approaching the train from either side. Field-of-view obstructions due to required structural members shall be minimized. (f) Each seat provided for an employee regularly assigned to occupy a power car cab and any floor-mounted seat in the cab shall be: (1) Secured to the car body with an attachment having an ultimate strength capable of withstanding the loads due to the following individually applied accelerations acting on the combined mass of the seat and the mass of a seat occupant who is a 95th-percentile adult male: (i) Longitudinal: 12g; (ii) Lateral: 4g; and (iii) Vertical: 4g; (2) Designed so that all adjustments have the range necessary to accommodate a person ranging from a 5th-percentile adult female to a 95th-percentile adult male, as … | |||||
| 49:49:4.1.1.1.32.5.131.3 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.405 Longitudinal static compressive strength. | FRA | (a) To form an effective crash refuge for crewmembers occupying the cab of a power car, the underframe of the cab of a power car shall resist a minimum longitudinal static compressive force of 2,100,000 pounds without permanent deformation to the cab, unless equivalent protection to crewmembers is provided under an alternate design approach, validated through analysis and testing, and approved by FRA under the provisions of § 238.21. (b) The underframe of the occupied volume of each trailer car shall resist a minimum longitudinal static compressive force of 800,000 pounds without permanent deformation to the car. To demonstrate compliance with this requirement, the 800,000-pound load shall be applied to the underframe of the occupied volume as it would be transmitted to the underframe by the full structure of the vehicle. (c) Unoccupied volumes of a power car or a trailer car designed to crush as part of the crash energy management design are not subject to the requirements of this section. | |||||
| 49:49:4.1.1.1.32.5.131.4 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.407 Anti-climbing mechanism. | FRA | (a) Each power car shall have an anti-climbing mechanism at its forward end capable of resisting an ultimate upward or downward static vertical force of 200,000 pounds. A power car constructed with a crash energy management design is permitted to crush in a controlled manner before the anti-climbing mechanism fully engages. (b) Interior train coupling points between units, including between units of articulated cars or other permanently joined units of cars, shall have an anti-climbing mechanism capable of resisting an upward or downward vertical force of 100,000 pounds without yielding. (c) The forward coupler of a power car shall be attached to the car body to resist a vertical downward force of 100,000 pounds for any horizontal position of the coupler without yielding. | |||||
| 49:49:4.1.1.1.32.5.131.5 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.409 Forward end structures of power car cabs. | FRA | This section contains requirements for the forward end structure of the cab of a power car. (A conceptual implementation of this end structure is provided in Figure 1 to this subpart.) (a) Center collision post. The forward end structure shall have a full-height center collision post, or its structural equivalent, capable of withstanding the following: (1) A shear load of 500,000 pounds at its joint with the underframe without exceeding the ultimate strength of the joint; (2) A shear load of 150,000 pounds at its joint with the roof without exceeding the ultimate strength of the joint; and (3) A horizontal, longitudinal force of 300,000 pounds, applied at a point on level with the bottom of the windshield, without exceeding its ultimate strength. (b) Side collision posts. The forward end structure shall have two side collision posts, or their structural equivalent, located at approximately the one-third points laterally, each capable of withstanding the following: (1) A shear load of 500,000 pounds at its joint with the underframe without exceeding the ultimate strength of the joint; and (2) A horizontal, longitudinal force of 300,000 pounds, applied at a point on level with the bottom of the windshield, without exceeding its ultimate strength. (c) Corner posts. The forward end structure shall have two full-height corner posts, or their structural equivalent, each capable of withstanding the following: (1) A horizontal, longitudinal or lateral shear load of 300,000 pounds at its joint with the underframe, without exceeding the ultimate strength of the joint; (2) A horizontal, lateral force of 100,000 pounds applied at a point 30 inches up from the underframe attachment, without exceeding the yield or the critical buckling stress; and (3) A horizontal, longitudinal or lateral shear load of 80,000 pounds at its joint with the roof, without exceeding the ultimate strength of the joint. (d) Skin. The skin covering the forward-facing end of each power car shall be: (1) Equivalent to a 1/2 -inch … | |||||
| 49:49:4.1.1.1.32.5.131.6 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.411 Rear end structures of power car cabs. | FRA | [64 FR 25660, May 12, 1999, as amended at 67 FR 19991, Apr. 23, 2002] | The rear end structure of the cab of a power car shall be designed to include the following elements, or their structural equivalent. (A conceptual implementation of this end structure is provided in Figure 2 to this subpart.) (a) Corner posts. The rear end structure shall have two full-height corner posts, or their structural equivalent, each capable of withstanding the following: (1) A horizontal, longitudinal or lateral shear load of 300,000 pounds at its joint with the underframe without exceeding the ultimate strength of the joint; and (2) A horizontal, longitudinal or lateral shear load of 80,000 pounds at its joint with the roof without exceeding the ultimate strength of the joint. (b) Collision posts. The rear end structure shall have two full-height collision posts, or their structural equivalent, each capable of withstanding the following: (1) A horizontal, longitudinal shear load of 500,000 pounds at its joint with the underframe without exceeding the ultimate strength of the joint; and (2) A horizontal, longitudinal shear load of 75,000 pounds at its joint with the roof without exceeding the ultimate strength of the joint. | ||||
| 49:49:4.1.1.1.32.5.131.7 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.413 End structures of trailer cars. | FRA | (a) Except as provided in paragraph (b) of this section, the end structure of a trailer car shall be designed to include the following elements, or their structural equivalent. (A conceptual implementation of this end structure is provided in Figure 3 to this subpart.) (1) Corner posts. Two full-height corner posts, each capable of withstanding the following: (i) A horizontal, longitudinal shear load of 150,000 pounds at its joint with the underframe without exceeding the ultimate strength of the joint; (ii) A horizontal, longitudinal or lateral force of 30,000 pounds applied at a point 18 inches up from the underframe attachment without exceeding the yield or the critical buckling stress; and (iii) A horizontal, longitudinal or lateral shear load of 20,000 pounds at its joint with the roof without exceeding the ultimate strength of the joint. (2) Collision posts. Two full-height collision posts each capable of withstanding the following: (i) A horizontal, longitudinal shear load of 300,000 pounds at its joint with the underframe without exceeding the ultimate strength of the joint; and (ii) A horizontal, longitudinal shear load of 60,000 pounds at its joint with the roof without exceeding the ultimate strength of the joint. (b) If the trailer car is designed with an end vestibule, the end structure inboard of the vestibule shall have two full-height corner posts, or their structural equivalent, each capable of withstanding the following (A conceptual implementation of this end structure is provided in Figure 4 to this subpart): (1) A horizontal, longitudinal shear load of 200,000 pounds at its joint with the underframe without exceeding the ultimate strength of the joint; (2) A horizontal, lateral force of 30,000 pounds applied at a point 18 inches up from the underframe attachment without exceeding the yield or the critical buckling stress; (3) A horizontal, longitudinal force of 50,000 pounds applied at a point 18 inches up from the underframe attachment without exceeding the yield or the critic… | |||||
| 49:49:4.1.1.1.32.5.131.8 | 49 | Transportation | II | 238 | PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS | E | Subpart E—Specific Requirements for Tier II Passenger Equipment | § 238.415 Rollover strength. | FRA | (a) Each passenger car and power car shall be designed to rest on its side and be uniformly supported at the top (“roof rail”) and the bottom chords (“side sill”) of the side frame. The allowable stress in the structural members of the occupied volumes for this condition shall be one-half yield or one-half the critical buckling stress, whichever is less. Minor localized deformations to the outer side skin of the passenger car or power car is allowed provided such deformations in no way intrude upon the occupied volume of each car. (b) Each passenger car and power car shall also be designed to rest on its roof so that any damage in occupied areas is limited to roof sheathing and framing. The allowable stress in the structural members of the occupied volumes for this condition shall be one-half yield or one-half the critical buckling stress, whichever is less. Deformation to the roof sheathing and framing is allowed to the extent necessary to permit the vehicle to be supported directly on the top chords of the side frames and end frames. |
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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);