1、286 49 CFR Ch. II (10110 Edition) Pt. 221 PART 221REAR END MARKING DEVICEPASSENGER, COM-MUTER AND FREIGHT TRAINS Subpart AGeneral Sec. 221.1 Scope. 221.3 Application. 221.5 Definitions. 221.7 Civil penalty 221.9 Waivers. 221.11 State regulation. Subpart BMarking Devices 221.13 Marking device display
2、. 221.14 Marking devices. 221.15 Marking device inspection. 221.16 Inspection procedure. 221.17 Movement of defective equipment. APPENDIX A TO PART 221PROCEDURES FOR APPROVAL OF REAR END MARKING DE-VICES APPENDIX B TO PART 221APPROVED REAR END MARKING DEVICES APPENDIX C TO PART 221SCHEDULE OF CIVIL
3、PENALTIES AUTHORITY: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.49. SOURCE: 42 FR 2321, Jan. 11, 1977, unless otherwise noted. Subpart AGeneral 221.1 Scope. This part prescribes minimum re-quirements governing highly visible marking devices for the trailing end of the rear car of all
4、 passenger, commuter and freight trains. So long as these minimum requirements are met, rail-roads may adopt additional or more stringent requirements for rear end marking devices. 221.3 Application. (a) Except as provided in paragraph (b) of this section, this part applies to passenger, commuter an
5、d freight trains when operated on a standard gage main track which is part of the general rail-road system of transportation. (b) This part does not apply to: (1) A railroad that operates only trains consisting of historical or anti-quated equipment for excursion, edu-cational, or recreational purpo
6、ses; (2) A train that operates only on track inside an installation which is not part of the general railroad system of transportation; (3) Rapid transit operations in an urban area that are not connected with the general railroad system of trans-portation. (4) A railroad that operates only one trai
7、n at any given time. 42 FR 2321, Jan. 11, 1977, as amended at 53 FR 28600, July 28, 1988 221.5 Definitions. As used in this part: (a) Train means a locomotive unit or locomotive units coupled, with or with-out cars, involved in a railroad oper-ation conducted on a main track. It does not include yar
8、d movements. (b) Commuter train means a short haul passenger train operating on track which is part of the general railroad system of transportation, within an urban, suburban or metropolitan area. It includes a passenger train provided by an instrumentality of a State or po-litical subdivision ther
9、eof. (c) Locomotive means a self-propelled unit of equipment designed for moving other equipment in revenue service and includes a self-propelled unit designed to carry freight or passenger traffic, or both. (d) Main track means a track, other than an auxiliary track, extending through yards or betw
10、een stations, upon which trains are operated by timetable or train order or both, or the use of which is governed by a signal system. (e) Train order means mandatory di-rectives issued as authority for the conduct of a railroad operation outside of yard limits. (f) Red-orange-amber color range means
11、 those colors defined by chroma-ticity coordinates, as expressed in terms of the International Commission on Illuminations 1931 Colormetric Sys-tem, which lie within the region bound-ed by the spectrum locus and lines de-fined by the following equations: X+Y=.97 (white boundary) Y=X.12 (green bounda
12、ry) (g) Administrator means the Federal Railroad Administrator, the Deputy Administrator, or any official of the Federal Railroad Administration to VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by
13、 IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-287 Federal Railroad Administration, DOT 221.13 whom the Administrator has delegated his authority under this part. (h) Effective intensity means that in-tensity of a light in candela as defined by the Illuminatin
14、g Engineering Soci-etys Guide for Calculating the Effec-tive Intensity of Flashing Signal Lights, November, 1964. (i) Qualified person means any person who has the skill to perform the task and has received adequate instruction. 42 FR 2321, Jan. 11, 1977; 42 FR 3843, Jan. 21, 1977, as amended at 51
15、FR 25185, July 10, 1986 221.7 Civil penalty. Any person (an entity of any type covered under 1 U.S.C. 1, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment
16、, track, or facilities; any independent contractor providing goods or services to a rail-road; and any employee of such owner, manufacturer, lessor, lessee, or inde-pendent contractor) who violates any requirement of this part or causes the violation of any such requirement is subject to a civil pen
17、alty of at least $650 and not more than $25,000 per vio-lation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of re-peated violations has created an immi-nent hazard of death or injury to per-sons, or has
18、 caused death or injury, a penalty not to exceed $100,000 per viola-tion may be assessed. Each day a viola-tion continues shall constitute a sepa-rate offense. See appendix C to this part for a statement of agency civil penalty policy. 53 FR 28600, July 28, 1988, as amended at 53 FR 52930, Dec. 29,
19、1988; 63 FR 11621, Mar. 10, 1998; 69 FR 30593, May 28, 2004; 72 FR 51197, Sept. 6, 2007; 73 FR 79702, Dec. 30, 2008 221.9 Waivers. (a) A railroad may petition the Fed-eral Railroad Administrator for a waiv-er of compliance with any requirement prescribed in this part. (b) Each petition for a waiver
20、under this section must be filed in the man-ner and contain the information re-quired by part 211 of this chapter. (c) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad safety, he may grant the waiver sub-ject to any condition he deems n
21、ec-essary. Notice of each waiver granted, including a statement of the reasons therefor, will be published in the FED-ERAL REGISTER. 221.11 State regulation. Notwithstanding the provisions of this part, a State may continue in force any law, rule, regulation, order, or standard that was in effect on
22、 July 8, 1976, relating to lighted marking de-vices on the rear car of freight trains except to the extent that such law, rule, regulation, order, or standard would cause such cars to be in viola-tion of this part. Subpart BMarking Devices 221.13 Marking device display. (a) During the periods prescr
23、ibed in paragraph (b) of this section, each train to which this part applies that occupies or operates on main track shall (1) be equipped with, (2) display on the trailing end of the rear car of that train, and (3) continuously illu-minate or flash a marking device pre-scribed in this subpart. (b)
24、Unless equipped with a func-tioning photoelectric cell activation mechanism complying with paragraph (c) of this section, the marking devices prescribed by this subpart shall be illu-minated continuously or flash during the period between one hour before sunset and one hour after sunrise, and during
25、 all other hours when weather conditions so restrict visibility that the end silhouette of a standard box car cannot be seen from 12 mile on tan-gent track by a person having 20/20 cor-rected vision. (c) Marking devices prescribed by this part and equipped with a func-tioning photoelectric cell acti
26、vation mechanism shall illuminate or flash the device continuously when there is less than 1.0 candela per square meter of ambient light. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00297 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot fo
27、r ResaleNo reproduction or networking permitted without license from IHS-,-,-288 49 CFR Ch. II (10110 Edition) 221.14 (d) The centroid of the marking de-vice must be located at a minimum of 48 inches above the top of the rail. 51 FR 25185, July 10, 1986 221.14 Marking devices. (a) As prescribed in 2
28、21.13, pas-senger, commuter and freight trains shall be equipped with at least one marking device, which has been ap-proved by the Federal Railroad Adminstrator in accordance with the procedures included in appendix A of this part, and which has the following characteristics: (1) An intensity of not
29、 less than 100 candela nor more than 1000 candela (or an effective intensity of not less than 100 candela nor more than 1000 candela for flashing lights) as measured at the center of the beam width; (2) A horizontal beam with a min-imum arc width of fifteen (15) degrees each side of the vertical cen
30、ter line, and a vertical beam with a minimum arc width of five (5) degrees each side of the horizontal center line as defined in terms of the 50 candela intensity points; (3) A color defined by the red-orange- amber color range; and (4) If a flashing light is used, a flash rate of not less than once
31、 every 1.3 sec-onds nor more than once every .7 sec-onds. (b) Marking devices used on pas-senger and commuter trains in compli-ance with paragraph (a) of this section shall be lighted under the conditions prescribed in 221.13 (b) and (c). (c) When a locomotive is operated singly, or at the rear of a
32、 train, highly visible marking devices may be pro-vided by the use of: (1) At least one marking device that complies with paragraph (a) of this sec-tion; or (2) At least one illuminated red or amber classification light on the rear of the locomotive, provided it complies with paragraph (a) of this s
33、ection; or (3) The rear headlight of the loco-motive illuminated on low beam. 51 FR 25185, July 10, 1986 221.15 Marking device inspection. (a) Each marking device displayed in compliance with this part shall be ex-amined at each crew change point to assure that the device is in proper op-erating con
34、dition. (b) This examination shall be accom-plished either by visually observing that the device is functioning as re-quired or that the device will function when required by either: (1) Repositioning the activation switch or (2) Covering the photoelectric cell. (c) This examination shall be con-duc
35、ted either by the train crew or some other qualified person, Provided that, if a non-train crewmember performs the examination, that person shall commu-nicate his or her findings to the loco-motive engineer of the new train crew. (d) When equipped with a radio te-lemetry capability, a marker display
36、ed in accordance with this part may be ex-amined by observing the readout infor-mation displayed in the cab of the con-trolling locomotive demonstrating that the light is functioning as re-quired in lieu of conducting a visual observation. 51 FR 25185, July 10, 1986 221.16 Inspection procedure. (a)
37、Prior to operating the activation switch or covering the photoelectric cell when conducting this test, a non- train crew person shall determine that he is being protected against the unex-pected movement of the train either under the procedures established in part 218 of this chapter or under the pr
38、ovisions of paragraph (b) of this sec-tion. (b) In order to establish the alter-native means of protection under this section, (1) the train to be inspected shall be standing on a main track; (2) the inspection task shall be limited to ascertaining that the marker is in proper operating condition; a
39、nd (3) prior to performing the inspection pro-cedure, the inspector shall personally contact the locomotive engineer or hostler and be advised by that person that they are occupying the cab of the controlling locomotive and that the train is and will remain secure against movement until the inspecti
40、on has been completed. 51 FR 25185, July 10, 1986 VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00298 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-289 Federal
41、 Railroad Administration, DOT Pt. 221, App. A 221.17 Movement of defective equip-ment. (a) Whenever the marking device pre-scribed in this part becomes inoper-ative enroute, the train may be moved to the next forward location where the marking device can be repaired or re-placed. (b) Defective rolli
42、ng equipment which, because of the nature of the de-fect, can be placed only at the rear of a train for movement to the next for-ward location at which repairs can be made need not be equipped with mark-ing devices prescribed in this part. (c) When a portion of a train has de-railed, and a portable
43、marking device is not available, the remainder of the train may be moved to the nearest ter-minal without being equipped with the marking device prescribed in this part. APPENDIX A TO PART 221PROCEDURES FOR APPROVAL OF REAR END MARK-ING DEVICES As provided in 221.15 of this part, marking devices mus
44、t be approved by the Adminis-trator, Approval shall be issued in accord-ance with the following procedures: (a) Each submission for approval of a marking device consisting of lighted ele-ments only shall contain the following infor-mation: (1) A detailed description of the device in-cluding the type
45、, luminance description, size of lens, manufacturer and catalog number, lamp manufacturer, lamp type and model number, and any auxiliary optics used. (2) A certification, signed by the chief op-erating officer of the railroad, that (i) The device described in the submission has been tested in accord
46、ance with the cur-rent Guidelines for Testing of FRA Rear End Marking Devices, copies of which may be obtained from the Office of Safety, Fed-eral Railroad Administration, 1200 New Jer-sey Avenue, SE., Washington, DC 20590; (ii) The results of the tests performed under paragraph (i) of this subsecti
47、on dem-onstrate marking device performance in compliance with the standard perscribed in 49 CFR 221.15; (iii) Detailed test records, including as a minimum the name and address of the test-ing organizations, the name of the individual in charge of the tests, a narrative descrip-tion of the test proc
48、edures, the number of samples tested, and for each sample tested, the on-axis beam candela, the beam candela at the 15 degree points in the horizontal plane, the beam candela at the 5 degree points in the vertical plane, and the chroma-ticity coordinates, are maintained by the railroad and are avail
49、able for inspection by the FRA at a designated location which is identified in the submission; (iv) Marking devices of this type installed in the operating environment shall consist of the same type and model of components as were used in the samples tested for purposes of this approval submission. (3) Unless otherwise qualified, acknowl-edgement of the receipt of the submission re-quired by this section shall constitute ap-proval of t
