[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR223.17] [Page 336-338] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 223_SAFETY GLAZING STANDARDS_LOCOMOTIVES, PASSENGER CARS AND CABOOSES-- Subpart B_Specific Requirements Sec. 223.17 Identification of equipped locomotives, passenger cars and cabooses. Each locomotive, passenger car and caboose that is fully equipped with glazing materials that meet the requirements of this part shall be stencilled on an interior wall as follows: ``Fully Equipped FRA Part 223 glazing'' or similar words conveying that meaning in letters at least \3/8\ inch high. [45 FR 49271, July 24, 1980] Appendix A to Part 223--Certification of Glazing Materials As provided in this part, certified glazing materials installed in locomotives, passenger cars, or cabooses must be certified by the glazing manufacturer in accordance with the following procedures: a. General Requirements (1) Each manufacturer that provides glazing materials, intended by the manufacturer for use in achieving compliance with the requirements of this part, shall certify that each type of glazing material being supplied for this purpose has been succcessfully tested in accordance with this appendix and that test verification data is available to a railroad or to FRA upon request. [[Page 337]] (2) The test verification data shall contain all pertinent original data logs and documentation that the selection of material samples, test set-ups, test measuring devices, and test procedures were performed by qualified personnel using recognized and acceptable practices and in accordance with this appendix. b. Testing Requirements (1) The material to be tested (Target Material) shall be a full scale sample of the largest dimension intended to be produced and installed. (2) The Target Material shall be representative of production material and shall be selected on a documented random choice basis. (3) The Target Material shall be securely and rigidly attached in a fixture so that the fixture's own characteristics will not induce test errors. (4) The Target Material so selected and attached shall constitute a Test Specimen. (5) The Test Specimen will then be equipped with a Witness Plate that shall be mounted parallel to and at a distance of six inches in back of the Target Material. The Witness Plate shall have at least an area which will cover the full map of the Target Material. (6) The Witness Plate shall be an unbacked sheet of maximum 0.006 inch, alloy 1100 temper O, aluminum stretched within the perimeter of a suitable frame to provide a taut surface. (7) The Test Specimen will be positioned so that the defined projectile impacts it at an angle of 90 degrees to the Test Specimen surface. (8) The point of impact of the defined projectile will be within a radius of 3 of the centroid of the Target Material. (9) Velocity screens or other suitable velocity measuring devices will be positioned so as to measure the impact velocity of the defined projectile within a 10% accuracy tolerance, with test modifications made to guarantee that the stipulated minimum velocity requirements are met. (10) The Test Specimen for glazing material that is intended for use in end facing glazing locations shall be subjected to a Type I test regimen consisting of the following tests: (i) Ballistic Impact in which a standard 22 caliber long rifle lead bullet of 40 grains in weight impacts at a minimum of 960 feet per second velocity. (ii) Large Object Impact in which a cinder block of 24 lbs minimum weight with dimensions of 8 inches by 8 inches by 16 inches nominally impacts at the corner of the block at a minimum of 44 feet per second velocity. The cinder block must be of composition referenced in American Society for Testing and Materials (ASTM) Specification C33L or ASTM C90. (11) The Test Specimen for glazing material that is intended for use only in side facing glazing locations shall be subjected to a Type II test regimen consisting of the following tests: (i) Ballistic Impact in which a standard 22 caliber long rifle lead bullet of 40 grains in weight impacts at a minimum of 960 feet per second velocity. (ii) Large Object Impact in which a cinder block of 24 lbs minimum weight with dimensions of 8 inches by 8 inches by 16 inches nominally impacts at the corner of the block at a minimum of 12 feet per second velocity. The cinder block must be of the composition referenced in ASTM C33L or ASTM C90. (12) Three different test specimens must be subjected to the ballistic impact portion of these tests. (13) Two different test specimens must be subjected to the large object impact portion of these tests. (14) A material so tested must perform so that: (i) there shall be no penetration of the back surfaces (side closest to Witness Plate) of the Target Material by the projectile. Partial penetration of the impact (front) surface of the Target Material does not constitute a failure; and (ii) there shall be no penetration of particles from the back side of the Target Material through the back side of the prescribed Witness Plate. (15) Test specimens must consecutively pass the required number of tests at the required minimum velocities. Individual tests resulting in failures at greater than the required minimum velocities may be repeated but a failure of an individual test at less than the minimum velocity shall result in termination of the total test and failure of the material. (16) After successful completion of the prescribed set of required consecutive tests, a manufacturer may certify in writing that a particular glazing material meets the requirements of these standards. c. Material Identification (1) Each individual unit of glazing material shall be permanently marked, prior to installation, to indicate that this type of material has been successfully tested as set forth in this appendix and that marking shall be done in such a manner that it is clearly visible after the material has been installed. (2) Each individual unit of a glazing material that has successfully passed the Type I testing regimen shall be marked to indicate: (i) ``FRA Type I'' material; (ii) the manufacturer of the material; (iii) the type or brand identification of the material. (3) Each individual unit of a glazing material that has successfully passed the Type II testing regimen shall be marked to indicate: [[Page 338]] (i) ``FRA Type II'' material; (ii) the manufacturer of the material; (iii) the type or brand identification of the material. Appendix B to Part 223--Schedule of Civil Penalties \1\ --------------------------------------------------------------------------- \1\ A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $27,000 for any violation where circumstances warrant. See 49 U.S.C. 21301, 21304, and 49 CFR part 209, appendix A. Further designations, not found in the CFR citation for certain provisions are FRA Office of Chief Counsel computer codes added as a suffix to the CFR citation and used to expedite imposition of civil penalties for violations. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined designation cited in the penalty demand letter. ------------------------------------------------------------------------ Willful Section Violation violation ------------------------------------------------------------------------ 223.9 New or rebuilt Equipment: (a) Locomotives........................... $2,500 $5,000 (b) Cabooses.............................. 2,500 5,000 (c) Passenger cars........................ 2,500 5,000 (d) (1), (d)(2):.......................... (i) Window not marked or instructions 2,500 5,000 not posted........................... (ii) Window improperly marked or 1,000 2,000 instructions improperly posted....... 223.11(c) Existing locomotives................ 2,500 5,000 (d) Repair of window.......................... 1,000 2,000 223.13(c) Existing cabooses................... 2,500 5,000 (d) Repair of window.......................... 1,000 2,000 223.15(c) Existing passenger cars............. 2,500 5,000 (d) Repair of window.......................... 1,000 2,000 223.17 Identification of units................ 1,000 1,500 ------------------------------------------------------------------------ [63 FR 24676, May 4, 1998, as amended at 69 FR 30594, May 28, 2004]