[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: 49CFR238.201]



[Page 667]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents

 

     Subpart C_Specific Requirements for Tier I Passenger Equipment

 

Sec. 238.201  Scope/alternative compliance.





    (a) Scope. (1) This subpart contains requirements for railroad 

passenger equipment operating at speeds not exceeding 125 miles per 

hour. As stated in Sec. 238.229, all such passenger equipment remains 

subject to the safety appliance requirements contained in Federal 

statute at 49 U.S.C. chapter 203 and in FRA regulations at part 231 and 

Sec. 232.2 of this chapter. Unless otherwise specified, these 

requirements only apply to passenger equipment ordered on or after 

September 8, 2000 or placed in service for the first time on or after 

September 9, 2002.

    (2) The structural standards of this subpart (Sec. 238.203-static 

end strength; Sec. 238.205-anti-climbing mechanism; Sec. 238.207-link 

between coupling mechanism and car body; Sec. 238.209-forward-facing 

end structure of locomotives; Sec. 238.211-collision posts; Sec. 

238.213-corner posts; Sec. 238.215-rollover strength; Sec. 238.217-

side structure; Sec. 238.219 -truck-to-car-body attachment; and Sec. 

238.223-locomotive fuel tanks) do not apply to passenger equipment if 

used exclusively on a rail line:

    (i) With no public highway-rail grade crossings;

    (ii) On which no freight operations occur at any time;

    (iii) On which only passenger equipment of compatible design is 

utilized; and

    (iv) On which trains operate at speeds not exceeding 79 mph.

    (b) Alternative compliance. Passenger equipment of special design 

shall be deemed to comply with this subpart, other than Sec. 238.203, 

for the service environment in which the petitioner proposes to operate 

the equipment if the FRA Associate Administrator for Safety determines 

under paragraph (c) of this section that the equipment provides at least 

an equivalent level of safety in such environment with respect to the 

protection of its occupants from serious injury in the case of a 

derailment or collision. In making a determination under paragraph (c) 

the Associate Administrator shall consider, as a whole, all of those 

elements of casualty prevention or mitigation relevant to the integrity 

of the equipment that are addressed by the requirements of this subpart.

    (c)(1) The Associate Administrator may only make a finding of 

equivalent safety and compliance with this subpart, other than Sec. 

238.203, based upon a submission of data and analysis sufficient to 

support that determination. The petition shall include:

    (i) The information required by Sec. 238.21(c);

    (ii) Information, including detailed drawings and materials 

specifications, sufficient to describe the actual construction of the 

equipment of special design;

    (iii) Engineering analysis sufficient to describe the likely 

performance of the equipment in derailment and collision scenarios 

pertinent to the safety requirements for which compliance is required 

and for which the equipment does not conform to the specific 

requirements of this subpart; and

    (iv) A quantitative risk assessment, incorporating the design 

information and engineering analysis described in this paragraph, 

demonstrating that the equipment, as utilized in the service environment 

for which recognition is sought, presents no greater hazard of serious 

personal injury than equipment that conforms to the specific 

requirements of this subpart.

    (2) Any petition made under this paragraph is subject to the 

procedures set forth in Sec. 238.21, and will be disposed of in 

accordance with Sec. 238.21(g).



[64 25660, May 12, 1999, as amended at 67 FR 19990, Apr. 23, 2002]