[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: 49CFR223.5]



[Page 316-317]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 223_SAFETY GLAZING STANDARDS_LOCOMOTIVES, PASSENGER CARS AND 

CABOOSES--Table of Contents

 

                            Subpart A_General

 

Sec. 223.5  Definitions.



    As used in this part--

    Administrator means the Administrator of the Federal Railroad 

Administration or the Administrator's delegate.

    Caboose means a car in a freight train intended to provide 

transportation for crewmembers.

    Certified glazing means a glazing material that has been certified 

by the manufacturer as having met the testing requirements set forth in 

Appendix A of this part and that has been installed in such a manner 

that it will perform its intended function.

    Designated service means exclusive operation of a locomotive under 

the following conditions:

    (1) The locomotive is not used as an independent unit or the 

controlling unit is a consist of locomotives except when moving for the 

purpose of servicing or repair within a single yard area;

    (2) The locomotive is not occupied by operating or deadhead crews 

outside a single yard area; and

    (3) The locomotive is stenciled ``Designated Service--DO NOT 

OCCUPY''.

    Emergency responder means a member of a police or fire department, 

or other organization involved with public safety charged with providing 

or coordinating emergency services, who responds to a passenger train 

emergency.

    Emergency window means that segment of a side facing glazing 

location which has been designed to permit rapid and easy removal during 

a crisis situation.

    End facing glazing location means any location where a line 

perpendicular to the plane of the glazing material makes a horizontal 

angle of 50 degrees or less with the centerline of the locomotive, 

caboose or passenger car. Any location which, due to curvature of the 

glazing material, can meet the criteria for either a front facing 

location or a side facing location shall be considered a front facing 

location.

    FRA means the Federal Railroad Administration.

    Locomotive means a self-propelled unit of equipment designed 

primarily for moving other equipment. It does not include self-propelled 

passenger cars.

    Locomotive cab means that portion of the superstructure designed to 

be occupied by the crew while operating the locomotive.

    Passenger car means a unit of rail rolling equipment intended to 

provide transportation for members of the general public and includes 

self-propelled cars designed to carry baggage, mail, express or 

passengers. This term includes a passenger coach, cab car, and an MU 

locomotive. This term does not include a private car.

    Passenger train service means the transportation of persons (other 

than employees, contractors, or persons riding equipment to observe or 

monitor railroad operations) in intercity passenger service or commuter 

or other short-haul passenger service in a metropolitan or suburban 

area.

    Person includes all categories of entities covered under 1 U.S.C. 1, 

including, but not limited to, a railroad; any manager, supervisor, 

official, or other employee or agent of a railroad; any owner, 

manufacturer, lessor, or lessee of railroad equipment, track, or 

facilities; any passenger, any trespasser or nontrespasser; any 

independent contractor providing goods or services to a railroad; and 

any employee of such owner, manufacturer, lessor, lessee, or independent 

contractor.

    Railroad means:

    (1) Any form of non-highway ground transportation that runs on rails 

or electromagnetic guideways, including

    (i) Commuter or other short-haul rail passenger service in a 

metropolitan or suburban area and commuter railroad service that was 

operated by the Consolidated Rail Corporation on January 1, 1979, and

    (ii) High speed ground transportation systems that connect 

metropolitan areas, without regard to whether those systems use new 

technologies not associated with traditional railroads, but does not 

include rapid transit operations in an urban area that are not



[[Page 317]]



connected to the general railroad system of transportation and

    (2) A person that provides railroad transportation, whether directly 

or by contracting out operation of the railroad to another person.

    Rebuilt locomotive, caboose or passenger car means a locomotive, 

caboose or passenger car that has undergone overhaul which has been 

identified by the railroad as a capital expense under Surface 

Transportation Board accounting standards.

    Side facing glazing location means any location where a line 

perpendicular to the plane of the glazing material makes an angle of 

more than 50 degrees with the centerline of the locomotive, caboose or 

passenger car.

    Windshield means the combination of individual units of glazing 

material of the locomotive, passenger car, or caboose that are 

positioned in an end facing glazing location.

    Yard is a system of auxiliary tracks used exclusively for the 

classification of passenger or freight cars according to commodity or 

destination; assembling of cars for train movement; storage of cars; or 

repair of equipment.

    Yard caboose means a caboose that is used exclusively in a single 

yard area.

    Yard locomotive means a locomotive that is operated only to perform 

switching functions within a single yard area.



[63 FR 24675, May 4, 1998; 63 FR 36376, July 6, 1998]