[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR228.103]



[Page 376-377]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 228_HOURS OF SERVICE OF RAILROAD EMPLOYEES--Table of Contents

 

          Subpart C_Construction of Employee Sleeping Quarters

 

Sec.  228.103  Approval procedure: construction within one-half mile 



(2,640 feet) (804 meters).



    (a) A common carrier that has developed plans for the construction 

or reconstruction of sleeping quarters subject to this subpart and which 

is considering a site less than one-half mile (2,640 feet) (804 meters) 

from any area where switching or humping operations are performed, 

measured from the nearest rail of the nearest trackage utilized on a 

regular or intermittent basis for switching or humping operations to the 

point on the site where the carrier proposes to construct or reconstruct 

the exterior wall of the structure, or portion of such wall, which is 

closest to such operations, must obtain the approval of the Federal 

Railroad Administration before commencing construction or reconstruction 

on that site. Approval may be requested by filing a petition conforming 

to the requirements of this subpart.

    (b) A carrier is deemed to have conducted switching or humping 

operations on particular trackage within the meaning of this subpart if 

placarded cars are subjected to the operations described in Sec.  

228.101(c)(3) within the 365-day period immediately preceding the date 

construction or reconstruction is commenced or if such operations are to 

be permitted on such trackage after such date. If the carrier does not 

have reliable records concerning the traffic handled on the trackage 

within the specified period, it shall be presumed that switching of 

placarded cars is conducted at the location and construction or 

reconstruction of sleeping quarters within one-half mile shall be 

subject to the approval procedures of this subpart.

    (c) A petition shall be filed in triplicate with the Secretary, 

Railroad Safety Board, Federal Railroad Administration, Washington, DC 

20590 and shall contain the following:

    (1) A brief description of the type of construction planned, 

including materials to be employed, means of egress from the quarters, 

and actual and projected exterior noise levels and projected interior 

noise levels;

    (2) The number of employees expected to utilize the quarters at full 

capacity;

    (3) A brief description of the site, including:

    (i) Distance from trackage where switching or humping operations are 

performed, specifying distances from particular functions such as 

classification, repair, assembling of trains from large groups of cars, 

etc. cetera;

    (ii) Topography within a general area consisting of the site and all 

of the rail facilities close to the site;

    (iii) Location of other physical improvements situated between the 

site and areas where railroad operations are conducted;

    (4) A blueprint or other drawing showing the relationship of the 

site to trackage and other planned and existing facilities;

    (5) The proposed or estimated date for commencement of construction;

    (6) A description of the average number and variety of rail 

operations in the areas within one-half mile (2,640 feet) (804 meters) 

of the site (e.g., number of cars classified in 24-hour period; number 

of train movements);

    (7) An estimate of the average daily number of placarded rail cars 

transporting hazardous materials through the railroad facility (where 

practicable, based on a 365-day period sample, that period not having 

ended more than 120 days prior to the date of filing the petition), 

specifying the--



[[Page 377]]



    (i) Number of such cars transporting class A explosives and poison 

gases; and

    (ii) Number of DOT Specification 112A and 114A tank cars 

transporting flammable gas subject to FRA emergency order No. 5;

    (8) A statement certified by a corporate officer of the carrier 

possessing authority over the subject matter explaining any plans of 

that carrier for utilization of existing trackage, or for the 

construction of new trackage, which may impact on the location of 

switching or humping operations within one-half mile of the proposed 

site (if there are no plans, the carrier official must so certify); and

    (9) Any further information which is necessary for evaluation of the 

site.

    (d) A petition filed under this section must contain a statement 

that the petition has been served on the recognized representatives of 

the railroad employees who will be utilizing the proposed sleeping 

quarters, together with a list of the employee representatives served.