[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: 49CFR227.101]

[Page 388-389]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 227_OCCUPATIONAL NOISE EXPOSURE--Table of Contents
 
 Subpart B_Occupational Noise Exposure for Railroad Operating Employees.
 
Sec.  227.101  Scope and applicability.


    (a) This subpart shall apply to the noise-related working conditions 
of--
    (1) Any person who regularly performs service subject to the 
provisions of the hours of service laws governing ``train employees'' 
(see 49 U.S.C. 21101(5) and 21103), but, subject to a railroad's 
election in paragraph (a)(3) of this section, does not apply to:
    (i) Employees who move locomotives only within the confines of 
locomotive repair or servicing areas, as provided in Sec. Sec.  218.5 
and 218.29(a) of this chapter, or
    (ii) Employees who move a locomotive or group of locomotives for 
distances of less than 100 feet and this incidental movement of a 
locomotive or locomotives is for inspection or maintenance purposes, or
    (iii) Contractors who operate historic equipment in occasional 
service, provided that the contractors have been provided with hearing 
protectors and, where necessary, are required to use the hearing 
protectors while operating the historic equipment;

[[Page 389]]

    (2) Any direct supervisor of the persons described in paragraph 
(a)(1) of this section whose duties require frequent work in the 
locomotive cab; and
    (3) At the election of the railroad, any other person (including a 
person excluded by paragraph (a)(1) of this section) whose duties 
require frequent work in the locomotive cab and whose primary noise 
exposure is reasonably expected to be experienced in the cab, if the 
position occupied by such person is designated in writing by the 
railroad, as required by Sec.  227.121(d).
    (b) Occupational noise exposure and hearing conservation for 
employees not covered by this subpart is governed by the appropriate 
occupational noise exposure regulation of the U.S. Department of Labor, 
Occupational Safety and Health Administration located at 29 CFR 1910.95.