cfr_sections
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16 rows where part_number = 239 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:4.1.1.1.33.1.137.1 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | A | Subpart A—General | § 239.1 Purpose and scope. | FRA | (a) The purpose of this part is to reduce the magnitude and severity of casualties in railroad operations by ensuring that railroads involved in passenger train operations can effectively and efficiently manage passenger train emergencies. (b) This part prescribes minimum Federal safety standards for the preparation, adoption, and implementation of emergency preparedness plans by railroads connected with the operation of passenger trains, and requires each affected railroad to instruct its employees on the provisions of its plan. This part does not restrict railroads from adopting and enforcing additional or more stringent requirements not inconsistent with this part. | |||||
| 49:49:4.1.1.1.33.1.137.2 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | A | Subpart A—General | § 239.3 Application. | FRA | (a) Except as provided in paragraph (b) 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; (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; and (3) Passenger or freight railroads hosting the operation of passenger train service described in paragraph (a)(1) or (a)(2) of this section. (b) This part does not apply to: (1) Rapid transit operations in an urban area that are not connected with the general railroad system of transportation; (2) Operation of private cars, including business/office cars and circus trains; or (3) Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system. | |||||
| 49:49:4.1.1.1.33.1.137.3 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | A | Subpart A—General | § 239.5 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.33.1.137.4 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | A | Subpart A—General | § 239.7 Definitions. | FRA | [63 FR 24676, May 4, 1998, as amended at 79 FR 18147, Mar. 31, 2014; 90 FR 28127, July 1, 2025] | As used in this part— Adjacent rail modes of transportation means other railroads, trolleys, light rail, heavy transit, and other vehicles operating on rails or electromagnetic guideways which are expressly identified in a railroad's emergency preparedness plan. Administrator means the Administrator of the Federal Railroad Administration or the Administrator's delegate. Control center means a central location on a railroad with responsibility for directing the safe movement of trains. Crewmember means a person, other than a passenger, who is assigned to perform either: (1) On-board functions connected with the movement of the train ( i.e., an employee of the railroad, or of a contractor to the railroad, who is assigned to perform service subject to the Federal hours of service requirements during a tour of duty) or (2) On-board functions in a sleeping car or coach assigned to intercity service, other than food, beverage, or security service. Division headquarters means the location designated by the railroad where a high-level operating manager (e.g., a superintendent, division manager, or equivalent), who has jurisdiction over a portion of the railroad, has an office. Emergency or emergency situation means an unexpected event related to the operation of passenger train service involving a significant threat to the safety or health of one or more persons requiring immediate action, including: (1) A derailment; (2) A fatality at a grade crossing; (3) A passenger or employee fatality, or a serious illness or injury to one or more passengers or crewmembers requiring admission to a hospital; (4) An evacuation of a passenger train; and (5) A security situation (e.g., a bomb threat). Emergency preparedness plan means one or more documents focusing on preparedness and response in dealing with a passenger train emergency. Emergency responder, on-line emergency responder, or outside emergency responder means a member of a police or fire department, or other organization involved with public safety … | ||||
| 49:49:4.1.1.1.33.1.137.5 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | A | Subpart A—General | § 239.9 Responsibility for compliance. | FRA | Although the requirements of this part are stated in terms of the duty of a railroad, when any person, including a contractor to a railroad, performs any function required by this part, that person (whether or not a railroad) shall perform that function in accordance with this part. | |||||
| 49:49:4.1.1.1.33.1.137.6 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | A | Subpart A—General | § 239.11 Penalties. | FRA | [90 FR 28189, July 1, 2025] | (a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) Each day a violation continues shall constitute a separate offense. 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. FRA's website at https://railroads.dot.gov/ contains a schedule of civil penalty amounts used in connection with this part. | ||||
| 49:49:4.1.1.1.33.1.137.7 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | A | Subpart A—General | § 239.13 Waivers. | FRA | (a) Any person subject to a requirement of this part may petition the Administrator for a waiver of compliance with such requirement. The filing of such a petition does not affect that person's responsibility for compliance with that requirement while the petition is being considered. (b) Each petition for waiver must be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad safety, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary. | |||||
| 49:49:4.1.1.1.33.1.137.8 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | A | Subpart A—General | § 239.15 Information collection. | FRA | (a) The information collection requirements of this part have been reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d) et seq. ), and have been assigned OMB control number 2130-0545. (b) The information collection requirements are found in the following sections: §§ 239.101, 239.103, 239.105, 239.107, 239.201, 239.203, 239.301, and 239.303. | |||||
| 49:49:4.1.1.1.33.2.137.1 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | B | Subpart B—Specific Requirements | § 239.101 Emergency preparedness plan. | FRA | [63 FR 24676, May 4, 1998, as amended at 79 FR 18147, Mar. 31, 2014] | (a) Each railroad to which this part applies shall adopt and comply with a written emergency preparedness plan approved by FRA under the procedures of § 239.201. The plan shall include the following elements and procedures for implementing each plan element. (1) Communication —(i) Initial and on-board notification. An on-board crewmember shall quickly and accurately assess the passenger train emergency situation and then notify the control center as soon as practicable by the quickest available means. As appropriate, an on-board crewmember shall inform the passengers about the nature of the emergency and indicate what corrective countermeasures are in progress. (ii) Notification by control center or emergency response communications center. The control center or the emergency response communications center, as applicable under the plan, shall promptly notify outside emergency responders, adjacent rail modes of transportation, and appropriate railroad officials that a passenger train emergency has occurred. Each railroad shall designate an employee responsible for maintaining current emergency telephone numbers for use in making such notifications. (2) Employee training and qualification —(i) On-board personnel. The railroad's emergency preparedness plan shall address individual employee responsibilities and provide for initial training, as well as periodic training at least once every two calendar years thereafter, on the applicable plan provisions. As a minimum, the initial and periodic training shall include: (A) Rail equipment familiarization; (B) Situational awareness; (C) Passenger evacuation; (D) Coordination of functions; and (E) “Hands-on” instruction concerning the location, function, and operation of on-board emergency equipment. (ii) Control center and emergency response communications center personnel. The railroad's emergency preparedness plan shall require initial training of responsible control center personnel and any emergency response communications center personnel employed b… | ||||
| 49:49:4.1.1.1.33.2.137.2 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | B | Subpart B—Specific Requirements | § 239.103 Passenger train emergency simulations. | FRA | (a) General. Each railroad operating passenger train service shall conduct full-scale emergency simulations, in order to determine its capability to execute the emergency preparedness plan under the variety of scenarios that could reasonably be expected to occur on its operation, and ensure coordination with all emergency responders who voluntarily agree to participate in the emergency simulations. (b) Frequency of the emergency simulations. Except as provided in paragraph (c) of this section: (1) Each railroad that provides commuter or other short-haul passenger train service and whose operations include less than 150 route miles and less than 200 million passenger miles annually, shall conduct a minimum of one full-scale emergency simulation during every two calendar years. (2) Each railroad that provides commuter or other short-haul passenger train service and whose operations include at least 150 route miles or at least 200 million passenger miles annually, shall conduct a minimum of one full-scale emergency simulation during each calendar year. (3) Each railroad that provides intercity passenger train service, shall conduct a minimum of one full-scale emergency simulation during each calendar year, regardless of the number of route miles or passenger miles. (c) Actual emergency situations. Neither a tabletop exercise nor the activation of its emergency preparedness plan during an actual emergency situation may be credited toward the minimum number of full-scale emergency simulations required under paragraph (b) of this section. However, a railroad that has activated its emergency preparedness plan in response to a major emergency may elect to postpone a scheduled full-scale simulation for up to 180 calendar days beyond the applicable calendar year completion date in order to evaluate the effectiveness of its plan during that major emergency and, as appropriate, modify the rescheduled simulation. (d) Definition. As used in this section, major emergency means an unexpected event related to the … | |||||
| 49:49:4.1.1.1.33.2.137.3 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | B | Subpart B—Specific Requirements | § 239.105 Debriefing and critique. | FRA | [63 FR 24676, May 4, 1998, as amended at 78 FR 71816, Nov. 29, 2013; 79 FR 18148, Mar. 31, 2014] | (a) General. Except as provided in paragraph (b) of this section, each railroad operating passenger train service shall conduct a debriefing and critique session after each passenger train emergency situation or full-scale simulation to determine the effectiveness of its emergency preparedness plan, and shall improve or amend its plan, or both, as appropriate, in accordance with the information developed. The debriefing and critique session shall be conducted within 60 days of the date of the passenger train emergency situation or full-scale simulation. To the extent practicable, all on-board personnel, control center personnel, and any other employees involved in the emergency situation or full-scale simulation shall participate in the session either: (1) In person; (2) Offsite via teleconference; or (3) In writing, by a statement responding to questions provided prior to the session, and by responding to any follow-up questions. (b) Exceptions. (1) No debriefing and critique session shall be required in the case of an emergency situation involving only a collision between passenger railroad rolling stock and: a pedestrian; a trespasser; or a motor vehicle or other highway conveyance at a highway-rail grade crossing, provided that the collision does not result in: a passenger or employee fatality, or an injury to one or more crewmembers or passengers requiring admission to a hospital; or the evacuation of a passenger train. (2) For purposes of this section, highway-rail grade crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at grade, and trespasser means a person who is on that part of railroad property used in railroad operation and whose presence is prohibited, forbidden, or unlawful. (c) Purpose of debriefing and critique. The debriefing and critique session shall be designed to determine, at a minimum: (1) Whether the on-board communications equipment functioned properly; (2) H… | ||||
| 49:49:4.1.1.1.33.2.137.4 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | B | Subpart B—Specific Requirements | § 239.107 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.33.3.137.1 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | C | Subpart C—Review, Approval, and Retention of Emergency Preparedness Plans | § 239.201 Emergency preparedness plan; filing and approval. | FRA | [63 FR 24676, May 4, 1998, as amended at 74 FR 25175, May 27, 2009; 79 FR 18148, Mar. 31, 2014; 90 FR 28189, July 1, 2025] | (a) Filing of plan and amendments —(1) Filing of plan. Each passenger railroad to which this part applies and all railroads hosting its passenger train service (if applicable) shall jointly adopt a single emergency preparedness plan for that service, and the passenger railroad shall file one copy of that plan with the Associate Administrator for Railroad Safety and Chief Safety Officer, Federal Railroad Administration, via email to FRA-239@dot.gov, not less than 60 days prior to commencing passenger operations. Any passenger railroad that has an emergency preparedness plan approved by FRA as of July 29, 2014, is considered to have timely filed its plan. The emergency preparedness plan shall include the name, title, address (street address and email address), and telephone number of the primary person on each affected railroad to be contacted with regard to review of the plan, and shall include a summary of each railroad's analysis supporting each plan element and describing how every condition on the railroad's property that is likely to affect emergency response is addressed in the plan. (2) Filing of amendments to the plan. (i) Except as provided in paragraph (a)(2)(ii) of this section, each subsequent amendment to a railroad's emergency preparedness plan shall be filed with FRA by the passenger railroad not less than 60 days prior to the proposed effective date of the amendment. When filing an amendment, the railroad must include a written summary of the proposed changes to the previously approved plan and, as applicable, a training plan describing how and when current and new employees and others within the scope of the training requirement at § 239.101(a)(2) would be trained on any amendment. (ii) If the proposed amendment is limited to adding or changing the name, title, street address, email address, or telephone number of the primary person to be contacted on each affected railroad with regard to the review of the plan, approval is not required under the process in paragraph (b)(3)(i) of this sec… | ||||
| 49:49:4.1.1.1.33.3.137.2 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | C | Subpart C—Review, Approval, and Retention of Emergency Preparedness Plans | § 239.203 Retention of emergency preparedness plan. | FRA | Each passenger railroad to which this part applies, and all railroads hosting its passenger train service (if applicable), shall each retain one copy of the emergency preparedness plan required by § 239.201 and one copy of each subsequent amendment to that plan at the system and division headquarters of each, and shall make such records available to representatives of FRA and States participating under part 212 of this chapter for inspection and copying during normal business hours. | |||||
| 49:49:4.1.1.1.33.4.137.1 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | D | Subpart D—Operational Tests and Inspections; Records, Recordkeeping, and Availability of Records | § 239.301 Operational tests and inspections. | FRA | [79 FR 18149, Mar. 31, 2014] | (a) Requirement to conduct operational tests and inspections. Each railroad to which this part applies shall periodically conduct operational tests and inspections of on-board personnel, responsible control center personnel, and, as applicable, emergency response communications center personnel employed by the railroad, under a contract or subcontract with the railroad, or employed by a contractor or subcontractor to the railroad, to determine the extent of compliance with its emergency preparedness plan. (1) Program of operational tests and inspections. Operational tests and inspections shall be conducted in accordance with the railroad's program. A new railroad shall adopt such a program within 30 days of commencing rail operations. The program shall— (i) Provide for operational testing and inspection on appropriate courses of action in response to various potential emergency situations and on the responsibilities of an employee of the railroad, of an individual who is a contractor or subcontractor to the railroad, or an employee of a contractor of subcontractor to the railroad, as they relate to the railroad's emergency preparedness plan. (ii) Describe each type of operational test and inspection required, including the means and procedures used to carry it out. (iii) State the purpose of each type of operational test and inspection. (iv) State, according to operating divisions where applicable, the frequency with which each type of operational test and inspection is to be conducted. (v) Identify the officer(s) by name, job title, and division or system, who shall be responsible for ensuring that the program of operational tests and inspections is properly implemented. A railroad with operating divisions shall identify at least one officer at the system headquarters who is responsible for overseeing the entire program and the implementation by each division. (vi) Require that each railroad officer who conducts operational tests and inspections be trained on those aspects of the railroad's emergency … | ||||
| 49:49:4.1.1.1.33.4.137.2 | 49 | Transportation | II | 239 | PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS | D | Subpart D—Operational Tests and Inspections; Records, Recordkeeping, and Availability of Records | § 239.303 Electronic recordkeeping. | FRA | Each railroad to which this part applies is authorized to retain by electronic recordkeeping the information prescribed in § 239.301, provided that all of the following conditions are met: (a) The railroad adequately limits and controls accessibility to such information retained in its database system and identifies those individuals who have such access; (b) The railroad has a terminal at the system headquarters and at each division headquarters; (c) Each such terminal has a desk-top computer ( i.e., monitor, central processing unit, and keyboard) and either a facsimile machine or a printer connected to the computer to retrieve and produce information in a usable format for immediate review by representatives of FRA and States participating under part 212 of this chapter; (d) The railroad has a designated representative who is authorized to authenticate retrieved information from the electronic system as true and accurate copies of the electronically kept records; and (e) The railroad provides representatives of FRA and States participating under part 212 of this chapter with immediate access to these records for inspection and copying during normal business hours and provides printouts of such records upon request. |
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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);