[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: 49CFR239.7]



[Page 718-719]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 239_PASSENGER TRAIN EMERGENCY PREPAREDNESS--Table of Contents

 

                            Subpart A_General

 

Sec. 239.7  Definitions.



    As used in this part--

    Adjacent rail modes of transportation means other railroads, 

trolleys, light rail, heavy transit, and other vehicles operating on 

rails or electromagnetic guideways which are expressly identified in a 

railroad's emergency preparedness plan.

    Administrator means the Administrator of the Federal Railroad 

Administration or the Administrator's delegate.

    Control center means a central location on a railroad with 

responsibility for directing the safe movement of trains.

    Crewmember means a person, other than a passenger, who is assigned 

to perform either:

    (1) On-board functions connected with the movement of the train 

(i.e., an employee of a railroad, or of a contractor to a railroad, who 

is assigned to perform service subject to the Federal hours of service 

laws during a tour of duty) or

    (2) On-board functions in a sleeping car or coach assigned to 

intercity service, other than food, beverage, or security service.

    Division headquarters means the location designated by the railroad 

where a high-level operating manager (e.g., a superintendent, division 

manager, or equivalent), who has jurisdiction over a portion of the 

railroad, has an office.

    Emergency or emergency situation means an unexpected event related 

to the operation of passenger train service involving a significant 

threat to the safety or health of one or more persons requiring 

immediate action, including:

    (1) A derailment;

    (2) A fatality at a grade crossing;



[[Page 719]]



    (3) A passenger or employee fatality, or a serious illness or injury 

to one or more passengers or crewmembers requiring admission to a 

hospital;

    (4) An evacuation of a passenger train; and

    (5) A security situation (e.g., a bomb threat).

    Emergency preparedness plan means one or more documents focusing on 

preparedness and response in dealing with a passenger train emergency.

    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 in an 

emergency situation.

    FRA means the Federal Railroad Administration.

    Joint operations means rail operations conducted by more than one 

railroad on the same track, except as necessary for the purpose of 

interchange, regardless of whether such operations are the result of:

    (1) Contractual arrangements between the railroads;

    (2) Order of a governmental agency or a court of law; or

    (3) Any other legally binding directive.

    Passenger train service means the transportation of persons (other 

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

monitor railroad operations) by railroad 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; any 

volunteer providing goods or services to a railroad; and any employee of 

such owner, manufacturer, lessor, lessee, or independent contractor.

    Private car means a rail passenger car used to transport non-revenue 

passengers on an occasional contractual basis, and includes business or 

office cars and circus trains.

    Qualified means a status attained by an employee who has 

successfully completed any required training for, has demonstrated 

proficiency in, and has been authorized by the employer to perform the 

duties of a particular position or function involving emergency 

preparedness.

    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 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.

    Railroad officer means any supervisory employee of a railroad.

    System headquarters means the location designated by the railroad as 

the general office for the railroad system.