[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: 49CFR229.5]



[Page 381-383]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 229_RAILROAD LOCOMOTIVE SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 229.5  Definitions.



    As used in this part--

    Break means a fracture resulting in complete separation into parts.

    Cab means that portion of the superstructure designed to be occupied 

by the crew operating the locomotive.

    Carrier means railroad, as that term is in this section.

    Commuter service means the type of railroad service described under 

the heading ``Commuter Operations'' in 49 CFR part 209, Appendix A.

    Commuter work train is a non-revenue service train used in the 

administration and upkeep service of a commuter railroad.

    Control cab locomotive means a locomotive without propelling motors 

but with one or more control stands.

    Controlling remote distributed power locomotive means the locomotive 

in a distributed power consist that receives the coded signal from the 

lead locomotive consist of the train whether commanded automatically by 

the distributed power system or manually by the locomotive engineer.

    Crack means a fracture without complete separation into parts, 

except that castings with shrinkage cracks or hot tears that do not 

significantly diminish the strength of the member are not considered to 

be cracked.

    Cruise control means a device that controls locomotive power output 

to obtain a targeted speed. A device that functions only at or below 30 

miles per hour is NOT considered a ``cruise control'' for purposes of 

this part.

    Data element means one or more data point or value reflecting on-

board train operations at a particular time. Data may be actual or 

``passed through'' values or may be derived from a combination of values 

from other sources.

    Dead locomotive means--

    (1) A locomotive, other than a control cab locomotive, that does not 

have any traction device supplying tractive power; or

    (2) A control cab locomotive that has a locked and unoccupied cab.

    Distributed power system means a system that provides control of a 

number of locomotives dispersed throughout a train from a controlling 

locomotive located in the lead position. The system provides control of 

the rearward locomotives by command signals originating at the lead 

locomotive and transmitted to the remote (rearward) locomotives.

    DMU locomotive means a diesel-powered multiple unit operated 

locomotive with one or more propelling motors designed to carry 

passenger traffic.

    Electronic air brake means a brake system controlled by a computer 

which provides the means for control of the locomotive brakes or train 

brakes or both.

    Event recorder means a device, designed to resist tampering, that 

monitors and records data, as detailed in Sec. 229.135(b), over the 

most recent 48 hours of operation of the electrical system of the 

locomotive on which the device is installed. However, a device, designed 

to resist tampering, that monitors and records the specified data



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only when the locomotive is in motion meets this definition if the 

device was installed prior to November 5, 1993 and if it records the 

specified data for the last eight hours the locomotive was in motion.

    Event recorder memory module means that portion of the event 

recorder used to retain the recorded data as detailed in Sec. 

229.135(b).

    High voltage means an electrical potential of more than 150 volts.

    In-service event recorder means an event recorder that was 

successfully tested as prescribed in Sec. 229.27(d) and whose 

subsequent failure to operate as intended, if any, is not actually known 

by the railroad operating the locomotive on which it is installed.

    Lead locomotive means the first locomotive proceeding in the 

direction of movement.

    Lite locomotive means a locomotive or a consist of locomotives not 

attached to any piece of equipment or attached only to a caboose.

    Locomotive means a piece of on-track equipment other than hi-rail, 

specialized maintenance, or other similar equipment--

    (1) With one or more propelling motors designed for moving other 

equipment;

    (2) With one or more propelling motors designed to carry freight or 

passenger traffic or both; or

    (3) Without propelling motors but with one or more control stands.

    Mandatory directive means any movement authority or speed 

restriction that affects a railroad operation.

    Modesty lock means a latch that can be operated in the normal manner 

only from within the sanitary compartment, that is designed to prevent 

entry of another person when the sanitary compartment is in use. A 

modesty lock may be designed to allow deliberate forced entry in the 

event of an emergency.

    MU locomotive means a multiple unit operated electric locomotive--

    (1) With one or more propelling motors designed to carry freight or 

passenger traffic or both; or

    (2) Without propelling motors but with one or more control stands.

    Other short-haul passenger service means the type of railroad 

service described under the heading ``Other short-haul passenger 

service'' in 49 CFR part 209, Appendix A.

    Potable water means water that meets the requirements of 40 CFR part 

141, the Environmental Protection Agency's Primary Drinking Water 

Regulations, or water that has been approved for drinking and washing 

purposes by the pertinent state or local authority having jurisdiction. 

For purposes of this part, commercially available, bottled drinking 

water is deemed potable water.

    Powered axle is an axle equipped with a traction device.

    Railroad means all forms of non-highway ground transportation that 

run on rails or electromagnetic guideways, including:

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

metropolitan or suburban area, and

    (2) High speed ground transportation systems that connect 

metropolitan areas, without regard to whether they use new technologies 

not associated with traditional railroads. Such term does not include 

rapid transit operations within an urban area that are not connected to 

the general railroad system of transportation.

    Remanufactured locomotive means a locomotive rebuilt or refurbished 

from a previously used or refurbished underframe (``deck''), containing 

fewer than 25 percent previously used components (weighted by dollar 

value of the components).

    Sanitary means lacking any condition in which any significant amount 

of filth, trash, or human waste is present in such a manner that a 

reasonable person would believe that the condition might constitute a 

health hazard; or of strong, persistent, chemical or human waste odors 

sufficient to deter use of the facility, or give rise to a reasonable 

concern with respect to exposure to hazardous fumes. Such conditions 

include, but are not limited to, a toilet bowl filled with human waste, 

soiled toilet paper, or other products used in the toilet compartment, 

that are present due to a defective toilet facility that will not flush 

or otherwise remove waste; visible human waste residue on the floor or 

toilet seat that is present due to a toilet that overflowed;



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an accumulation of soiled paper towels or soiled toilet paper on the 

floor, toilet facility, or sink; an accumulation of visible dirt or 

human waste on the floor, toilet facility, or sink; and strong, 

persistent chemical or human waste odors in the compartment.

    Sanitation compartment means an enclosed compartment on a railroad 

locomotive that contains a toilet facility for employee use.

    Self-monitoring event recorder means an event recorder that has the 

ability to monitor its own operation and to display an indication to the 

locomotive operator when any data required to be stored are not stored 

or when the stored data do not match the data received from sensors or 

data collection points.

    Serious injury means an injury that results in the amputation of any 

appendage, the loss of sight in an eye, the fracture of a bone, or 

confinement in a hospital for a period of more than 24 consecutive 

hours.

    Switching service means the classification of railroad freight and 

passenger cars according to commodity or destination; assembling cars 

for train movements; changing the position of cars for purposes of 

loading, unloading, or weighing; placing locomotives and cars for repair 

or storage; or moving rail equipment in connection with work service 

that does not constitute a train movement.

    Throttle position means any and all of the discrete output positions 

indicating the speed/tractive effort characteristic requested by the 

operator of the locomotive on which the throttle is installed. Together, 

the discrete output positions shall cover the entire range of possible 

speed/tractive effort characteristics. If the throttle has continuously 

variable segments, the event recorder shall capture either:

    (1) The exact level of speed/tractive effort characteristic 

requested, on a scale of zero (0) to one hundred percent (100%) of the 

output variable or

    (2) A value converted from a percentage to a comparable 0 to 8 

digital signal.

    Time means either ``time-of-day'' or ``elapsed time'' (from an 

arbitrarily determined event) as determined by the manufacturer. In 

either case, the recorder must be able to convert to an accurate time-

of-day with the time zone stated unless it is Greenwich mean time (UTC).

    Toilet facility means a system that automatically or on command of 

the user removes human waste to a place where it is treated, eliminated, 

or retained such that no solid or non-treated liquid waste is thereafter 

permitted to be released into the bowl, urinal, or room and that 

prevents harmful discharges of gases or persistent offensive odors.

    Transfer service means a freight train that travels between a point 

of origin and a point of final destination not exceeding 20 miles and 

that is not performing switching service.

    Unsanitary means having any condition in which any significant 

amount of filth, trash, or human waste is present in such a manner that 

a reasonable person would believe that the condition might constitute a 

health hazard; or strong, persistent, chemical or human waste odors 

sufficient to deter use of the facility, or give rise to a reasonable 

concern with respect to exposure to hazardous fumes. Such conditions 

include, but are not limited to, a toilet bowl filled with human waste, 

soiled toilet paper, or other products used in the toilet compartment, 

that are present due to a defective toilet facility that will not flush 

or otherwise remove waste; visible human waste residue on the floor or 

toilet seat that is present due to a toilet that overflowed; an 

accumulation of soiled paper towels or soiled toilet paper on the floor, 

toilet facility, or sink; an accumulation of visible dirt or human waste 

on the floor, toilet facility, or sink; and strong, persistent chemical 

or human waste odors in the compartment.

    Washing system means a system for use by railroad employees to 

maintain personal cleanliness that includes a secured sink or basin, 

water, antibacterial soap, and paper towels; or antibacterial waterless 

soap and paper towels; or antibacterial moist towelettes and paper 

towels; or any other combination of suitable antibacterial cleansing 

agents.



[70 FR 37938, June 30, 2005]



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