[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR238.1] [Page 574-575] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents Subpart A_General Sec. 238.1 Purpose and scope. Subpart A_General Sec. 238.1 Purpose and scope. 238.3 Applicability. 238.5 Definitions. 238.7 Waivers. 238.9 Responsibility for compliance. 238.11 Penalties. 238.13 Preemptive effect. 238.15 Movement of passenger equipment with power brake defects. 238.17 Movement of passenger equipment with other than power brake defects. 238.19 Reporting and tracking of repairs to defective passenger equipment. 238.21 Special approval procedure. 238.23 Information collection. Subpart B_Safety Planning and General Requirements 238.101 Scope. 238.103 Fire safety. 238.105 Train electronic hardware and software safety. 238.107 Inspection, testing, and maintenance plan. 238.109 Training, qualification, and designation program. 238.111 Pre-revenue service acceptance testing plan. 238.113 Emergency window exits. 238.115 Emergency lighting. 238.117 Protection against personal injury. 238.119 Rim-stamped straight-plate wheels. Subpart C_Specific Requirements for Tier I Passenger Equipment 238.201 Scope/alternative compliance. 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. 238.221 Glazing. 238.223 Locomotive fuel tanks. 238.225 Electrical system. 238.227 Suspension system. 238.229 Safety appliances. 238.231 Brake system. 238.233 Interior fittings and surfaces. 238.235 Doors. 238.237 Automated monitoring. Subpart D_Inspection, Testing, and Maintenance Requirements for Tier I Passenger Equipment 238.301 Scope. 238.303 Exterior calendar day mechanical inspection of passenger equipment. 238.305 Interior calendar day mechanical inspection of passenger cars. 238.307 Periodic mechanical inspection of passenger cars and unpowered vehicles used in passenger trains. 238.309 Periodic brake equipment maintenance. 238.311 Single car test. 238.313 Class I brake test. 238.315 Class IA brake test. 238.317 Class II brake test. 238.319 Running brake test. Subpart E_Specific Requirements for Tier II Passenger Equipment 238.401 Scope. 238.403 Crash energy management. 238.405 Longitudinal static compressive strength. 238.407 Anti-climbing mechanism. 238.409 Forward end structures of power car cabs. 238.411 Rear end structures of power car cabs. 238.413 End structures of trailer cars. 238.415 Rollover strength. 238.417 Side loads. 238.419 Truck-to-car-body and truck component attachment. 238.421 Glazing. 238.423 Fuel tanks. 238.425 Electrical system. 238.427 Suspension system. 238.429 Safety appliances. 238.431 Brake system. 238.433 Draft system. 238.435 Interior fittings and surfaces. [[Page 575]] 238.437 Emergency communication. 238.439 Doors. 238.441 Emergency roof entrance location. 238.443 Headlights. 238.445 Automated monitoring. 238.447 Train operator's controls and power car cab layout. Figure 1 to Subpart E--Power Car Cab Forward End Structure Conceptual Implementation Figure 2 to Subpart E--Power Car Cab Rear End Structure Conceptual Implementation Figure 3 to Subpart E--Trailer Car End Structure Conceptual Implementation Figure 4 to Subpart E--Trailer Car In-Board Vestibule End Structure Conceptual Implementation Subpart F_Inspection, Testing, and Maintenance Requirements for Tier II Passenger Equipment 238.501 Scope. 238.503 Inspection, testing, and maintenance requirements. 238.505 Program approval procedure. Subpart G_Specific Safety Planning Requirements for Tier II Passenger Equipment 238.601 Scope. 238.603 Safety planning requirements. Appendix A to Part 238--Schedule of Civil Penalties Appendix B to Part 238--Test Methods and Performance Criteria for the Flammability and Smoke Emission Characteristics of Materials Used in Passenger Cars and Locomotive Cabs Appendix C to Part 238--Suspension System Safety Performance Standards Appendix D to Part 238--Requirements for External Fuel Tanks on Tier I Locomotives Appendix E to Part 238--General Principles of Reliability-Based Maintenance Programs Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49. Source: 64 FR 25660, May 12, 1999, unless otherwise noted. (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 Sec. Sec. 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 Sec. Sec. 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 Sec. 238.309, a railroad may specifically request earlier application of the maintenance and testing provisions contained in Sec. Sec. 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 Sec. 238.309 apply beginning September 9, 1999. [64 FR 25660, May 12, 1999, as amended at 65 FR 41305, July 3, 2000; 67 FR 19989, Apr. 23, 2002]