[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR221.17]
[Page 260-262]
TITLE 49--TRANSPORTATION
CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
PART 221_REAR END MARKING DEVICE_PASSENGER, COMMUTER AND FREIGHT TRAINS
--Table of Contents
Subpart B_Marking Devices
Sec. 221.17 Movement of defective equipment.
(a) Whenever the marking device prescribed in this part becomes
inoperative enroute, the train may be moved to the next forward location
where the marking device can be repaired or replaced.
(b) Defective rolling equipment which, because of the nature of the
defect, can be placed only at the rear of a train for movement to the
next forward location at which repairs can be made need not be equipped
with marking devices prescribed in this part.
(c) When a portion of a train has derailed, and a portable marking
device is not available, the remainder of the train may be moved to the
nearest terminal without being equipped with the marking device
prescribed in this part.
Appendix A to Part 221--Procedures for Approval of Rear End Marking
Devices
As provided in Sec. 221.15 of this part, marking devices must be
approved by the Administrator, Approval shall be issued in accordance
with the following procedures:
(a) Each submission for approval of a marking device consisting of
lighted elements only shall contain the following information:
(1) A detailed description of the device including the type,
luminance description, size of lens, manufacturer and catalog number,
lamp manufacturer, lamp type and model number, and any auxiliary optics
used.
(2) A certification, signed by the chief operating officer of the
railroad, that--
(i) The device described in the submission has been tested in
accordance with the current ``Guidelines for Testing of FRA Rear End
Marking Devices,'' copies of which may be obtained from the Office of
Safety, Federal Railroad Administration, 2100 Second Street SW.,
Washington, DC 20590;
(ii) The results of the tests performed under paragraph (i) of this
subsection demonstrate marking device performance in compliance with the
standard perscribed in 49 CFR 221.15;
(iii) Detailed test records, including as a minimum the name and
address of the testing organizations, the name of the individual in
charge of the tests, a narrative description of the test procedures, the
number of samples tested, and for each sample tested, the on-axis beam
candela, the beam candela at the 15 degree points
in the horizontal plane, the beam candela at the 5
degree points in the vertical plane, and the chromaticity coordinates,
are maintained by the railroad and are available for inspection by the
FRA at a designated location which is identified in the submission;
(iv) Marking devices of this type installed in the operating
environment shall consist of the same type and model of components as
were used in the samples tested for purposes of this approval
submission.
(3) Unless otherwise qualified, acknowledgement of the receipt of
the submission required by this section shall constitute approval of the
device. The FRA reserves the right to review the test records maintained
by the railroad, or to test independently any device submitted for
approval under these procedures, and to withdraw the approval of such
device at any time, after notice and opportunity for oral comment, if
its performance in the operating environment fails to substantiate the
rest results or to comply with 49 CFR 221.15.
(b)(1) Each submission for approval of a marking device consisting
of non-lighted elements or a combination of lighted and non-lighted
elements shall contain the following information:
(i) A detailed description of the device including the type of
material, the reflectance factor, the size of the device, and the
manufacturer and catalogue number;
(ii) A detailed description of the external litht source including
the intensity throughout its angle of coverage, and the manufacturer and
catalogue number;
(iii) A detailed description of the proposed test procedure to be
used to demonstrate marking device compliance with the standard
prescribed in 49 CFR 221.15, including any detailed mathematical data
reflecting expected performance.
(2) FRA will review the data submitted under subsection (1) of this
section, and in those instances in which compliance with 49
[[Page 261]]
CFR 221.15 appears possible from a theoretical analysis, the FRA will
authorize and may take part in testing to demonstrate such compliance.
(3) Where authorized testing has demonstrated compliance with 49 CFR
221.15, a railroad shall submit a certification, signed by the chief
operating officer of the railroad, that--
(i) The device described in the original submission has been tested
in accordance with the procedures described therein;
(ii) The results of the tests peformed under paragraph (i) of this
subsection demonstrate marking device performance in compliance with the
standard prescribed in 49 CFR 221.15;
(iii) Detailed test records, including as a minimum the name and
address of the testing organization, the name of the individual in
charge of the tests, a narrative description of the test procedure, a
description of the external light source used, the number of samples
tested, and for each sample tested, the on-axis beam candela, the beam
candela at the 15 degree points in the horizontal
plane, the beam candela at the 15 degree point in
the vertical plane, and the chromaticity coordinates, are maintained by
the railroad and are available for inspection by the FRA at a designated
location which is identified in the submission;
(iv) Marking devices of this type installed in the operating
environment and the external light source used to illuminate them shall
consist of the same type and model of components as were used in the
samples tested for purposes of this approval submission.
(4) Unless otherwise qualified, acknowledgement of the receipt of
the submission required by this subsection shall constitute approval of
the device. The FRA reserves the right to review the test records
maintained by the railroad, or to test independently any device
submitted for approval under these procedures, and to disapprove the use
of such device at any time if its performance fails to comply with 49
CFR 221.15.
(c) Whenever a railroad elects to use a marking device which has
been previously approved by the FRA, and is included in the current list
in appendix B to this part, the submission shall contain the following
information:
(1) The marking device model designation as it appears in appendix
B.
(2) A certification, signed by the chief operating officer of the
railroad that--
(i) Marking devices of this type installed in the operating
environment shall consist of the same type and model of components as
were used in the samples tested for the original approval.
(d) Each submission for approval of a marking device shall be filed
in triplicate with the Office of Standards and Procedures, Office of
Safety, Federal Railroad Administration, 2100 Second Street SW.,
Washington, DC 20590.
[42 FR 62004, Dec. 8, 1977]
Appendix B to Part 221--Approved Rear End Marking Devices
part i--approved devices tested for or by manufacturers
1. Manufacturer: Star Headlight & Lantern Co., 168 West Main Street,
Honeoye Falls, NY 14472.
FRA identification Nos. FRA-PLE-STAR-845-F (flasher) and FRA-PLE-
STAR-845-C (steady burn).
2. Manufacturer: Julian A. McDermott Corp., 1639 Stephen Street,
Ridgewood, Long Island, NY 11227.
FRA identification Nos. FRA-MEC-MCD-100-C (steady burn), FRA-MEC-
MCD-100-F (flasher), FRA-MEC-MCD-300-C (steady burn), and FRA-MEC-MCD-
300-F (flasher).
3. Manufacturer: American Electronics, Inc., \1\ 40 Essex Street,
Hackensack, NJ 07601.
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\1\ Note: Yankee Metal Products Corp. previously produced these
devices.
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FRA identification Nos. FRA-DRGW-YANK-300 (portable strobe), FRA-WP-
YANK-301R (flashing), FRA-WP-YANK-305R (flashing), and FRA-WP-YANK-306R
(steady burn).
part ii--approved devices tested for or by rail carriers
1. Carrier: Atchison, Topeka & Santa Fe Railway Co., Technical
Research & Development Department, 1001 Northeast Atchison Street,
Topeka, Kans. 66616.
Manufacturer: Trans-Lite, Inc., P.O. Box 70, Milford, Conn. 06460.
FRA identification Nos. FRA-ATSF-TL-875-150, FRA-ATSF-TL-875-60,
FRA-ATSF-TL-875-4412, and FRA-ATSF-TL-200.
2. Carrier: Amtrak--National Railroad Passenger Corporation, 400
North Capitol Street NW., Washington, DC 20001.
Manufacturer: (a) Trans-Lite, Inc., P.O. Box 70, Milford, Conn.
06460.
FRA identification Nos. FRA-ATK-TL-3895-1, FRA-ATK-TL-4491-2, FRA-
ATK-TL-4491-3, and FRA-ATK-TL-FM-4491-1.
Manufacturer: (b) Luminator Division of Gulfton Industries, Inc.,
1200 East Dallas North Parkway, Plano, Tex. 75074.
FRA identification No. FRA-ATK-LUM-0101890-001.
Manufacturer: (c) Whelen Engineering Co., Inc., Deep River, Conn.
06417.
FRA identification No. FRA-ATK-WHE-WERT-12.
[43 FR 36447, Aug. 17, 1978]
[[Page 262]]
Appendix C to Part 221--Schedule of Civil Penalties \1\
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\1\ A penalty may be assessed against an individual only for a
willful violation. The Administrator reserves the right to assess a
penalty of up to $27,000 for any violation where circumstances warrant.
See 49 CFR part 209, appendix A. Where the conditions for movement of
defective equipment set forth in Sec. 221.17 of this part are not met,
the movement constitutes a violation of Sec. 221.13 of this part.
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Willful
Section Violation violation
------------------------------------------------------------------------
221.13 Marking device display:
(a) device not present, not displayed, or $5,000 $7,500
not properly illuminated.................
(d) device too close to rail.............. 1,000 2,000
221.14 Marking devices: Use of unapproved or 2,500 5,000
noncomplying device..........................
221.15 Marking device inspection:
(a) Failure to inspect at crew change..... 2,500 5,000
(b), (c) improper inspection.............. 2,500 5,000
221.16 Inspection procedure:
(a) Failure to obtain protection.......... 5,000 7,500
(b) Improper protection................... 2,500 5,000
221.17 Movement of defective equipment........ (\1\) (\1\)
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[53 FR 52930, Dec. 29, 1988, as amended at 69 FR 62818, Oct. 28, 2004]