[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: 49CFR239.103]



[Page 723-724]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 239_PASSENGER TRAIN EMERGENCY PREPAREDNESS--Table of Contents

 

                     Subpart B_Specific Requirements

 

Sec. 239.103  Passenger train emergency simulations.



    (a) General. Each railroad operating passenger train service shall 

conduct full-scale emergency simulations, in order to determine its 

capability to execute the emergency preparedness plan under the variety 

of scenarios that could reasonably be expected to occur on its 

operation, and ensure coordination with all emergency responders who 

voluntarily agree to participate in the emergency simulations.

    (b) Frequency of the emergency simulations. Except as provided in 

paragraph (c) of this section:

    (1) Each railroad that provides commuter or other short-haul 

passenger train service and whose operations include less than 150 route 

miles and less than 200 million passenger miles annually, shall conduct 

a minimum of one full-scale emergency simulation during every two 

calendar years.

    (2) Each railroad that provides commuter or other short-haul 

passenger train service and whose operations include at least 150 route 

miles or at least 200 million passenger miles annually, shall conduct a 

minimum of one full-scale emergency simulation during each calendar 

year.

    (3) Each railroad that provides intercity passenger train service, 

shall conduct a minimum of one full-scale emergency simulation during 

each calendar year, regardless of the number of route miles or passenger 

miles.

    (c) Actual emergency situations. Neither a tabletop exercise nor the 

activation of its emergency preparedness plan during an actual emergency 

situation may be credited toward the minimum number of full-scale 

emergency simulations required under paragraph (b) of this section. 

However, a railroad that has activated its emergency preparedness plan 

in response to a major emergency may elect to postpone a scheduled full-

scale simulation for up to 180 calendar days beyond the applicable 

calendar year completion date in order to evaluate the effectiveness of 

its plan during that major emergency and, as appropriate, modify the 

rescheduled simulation.

    (d) Definition. As used in this section, major emergency means an 

unexpected event related to the operation of passenger train service 

that results in serious injury or death to one or more persons and 

property damage greater than the current reporting threshold of part 225 

of this chapter to railroad on-track equipment, signals, tracks, track 

structures, or roadbeds, including labor



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costs and the costs for acquiring new equipment and material.