1、350 49 CFR Ch. II (10110 Edition) Pt. 223, App. B Materials (ASTM) Specification C33L or ASTM C90. (11) The Test Specimen for glazing mate-rial that is intended for use only in side fac-ing glazing locations shall be subjected to a Type II test regimen consisting of the fol-lowing tests: (i) Ballist
2、ic 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 dimen-sions of 8 inches by 8 inches by 16 inches nominally impacts at the corner
3、 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
4、 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. Par-tial penetration of the impact (front) surface of the Target Material does
5、 not constitute a failure; and (ii) there shall be no penetration of par-ticles from the back side of the Target Mate-rial through the back side of the prescribed Witness Plate. (15) Test specimens must consecutively pass the required number of tests at the re-quired minimum velocities. Individual t
6、ests resulting in failures at greater than the re-quired 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 pre-scribed set of requ
7、ired consecutive tests, a manufacturer may certify in writing that a particular glazing material meets the re-quirements of these standards. c. Material Identification (1) Each individual unit of glazing material shall be permanently marked, prior to in-stallation, to indicate that this type of ma-t
8、erial 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 mate-rial that has successfully passed the Type I testing regimen shall be marked t
9、o 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 mate-rial that has successfully passed the Type II testing regimen shall be marked to indicate: (i) FRA Type II material; (ii) the
10、 manufacturer of the material; (iii) the type or brand identification of the material. APPENDIX B TO PART 223SCHEDULE OF CIVIL PENALTIES1Section Violation Willful viola-tion 223.9 New or rebuilt equip-ment: (a) Locomotives . $2,500 $5,000 (b) Cabooses 2,500 5,000 (c) Passenger cars 2,500 5,000 223.1
11、1(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 1A penalty may be assess
12、ed against an individual only for a willful violation. The Administrator reserves the right to as-sess a penalty of up to $100,000 for any violation where cir-cumstances warrant. See 49 U.S.C. 21301, 21304, and 49 CFR part 209, appendix A. If more than one item is listed as a type of violation of a
13、given section, each item is also des-ignated by a penalty code, which is used to facilitate as-sessment of civil penalties, and which may or may not cor-respond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves t
14、he right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined CFR and penalty code citation, should they differ. 63 FR 24676, May 4, 1998, as amended at 69 FR 30594, May 28, 2004; 73 FR 6400, Feb. 1, 2008; 73 FR 79702, Dec. 30, 2008 PART 224RE
15、FLECTORIZATION OF RAIL FREIGHT ROLLING STOCK Subpart AGeneral Sec. 224.1 Purpose and scope. 224.3 Applicability. 224.5 Definitions. 224.7 Waivers. 224.9 Responsibility for compliance. 224.11 Penalties. 224.13 Preemptive effect. 224.15 Special approval procedures. Subpart BApplication, Inspection, an
16、d Maintenance of Retroreflective Material 224.101 General requirements. 224.103 Characteristics of retroreflective sheeting. 224.105 Sheeting dimensions and quantity. 224.106 Location of retroreflective sheeting. 224.107 Implementation schedule. 224.109 Inspection, repair, and replacement. VerDate M
17、ar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-351 Federal Railroad Administration, DOT 224.5 224.111 Renewal. APPEND
18、IX A TO PART 224SCHEDULE OF CIVIL PENALTIES APPENDIX B TO PART 224FORM REFLECTORIZATION IMPLEMENTATION COM-PLIANCE REPORT APPENDIX C TO PART 224GUIDELINES FOR SUBMITTING REFLECTORIZATION IMPLE-MENTATION COMPLIANCE REPORTS AUTHORITY: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 2461, note; and
19、49 CFR 1.49. SOURCE: 70 FR 62176, Oct. 28, 2005, unless otherwise noted. Subpart AGeneral 224.1 Purpose and scope. (a) The purpose of this part is to re-duce highway-rail grade crossing acci-dents and deaths, injuries, and prop-erty damage resulting from those acci-dents, by enhancing the conspicuit
20、y of rail freight rolling stock so as to in-crease its detectability by motor vehi-cle operators at night and under condi-tions of poor visibility. (b) In order to achieve cost-effective mitigation of collision risk at high-way-rail grade crossings, this part es-tablishes the duties of freight rolli
21、ng stock owners (including those who manage maintenance of freight rolling stock, supply freight rolling stock for transportation, or offer freight rolling stock in transportation) and railroads to progressively apply retroreflective material to freight rolling stock, and to periodically inspect and
22、 maintain that material. Freight rolling stock owners, however, are under no duty to install, clean or otherwise maintain, or repair reflective material except as specified in this part. (c) This part establishes a schedule for the application of retroreflective material to rail freight rolling stoc
23、k and prescribes standards for the appli-cation, inspection, and maintenance of retroreflective material to rail freight rolling stock for the purpose of enhanc-ing its detectability at highway-rail grade crossings. This part does not re-strict a freight rolling stock owner or railroad from applying
24、 retroreflective material to freight rolling stock for other purposes if not inconsistent with the recognizable pattern required by this part. 224.3 Applicability. This part applies to all railroad freight cars and locomotives that oper-ate over a public or private highway- rail grade crossing and a
25、re used for rev-enue or work train service, except: (a) Freight rolling stock that oper-ates only on track inside an installa-tion that is not part of the general rail-road system of transportation; (b) Rapid transit operations in an urban area that are not connected to the general railroad system o
26、f trans-portation; (c) Locomotives and passenger cars used exclusively in passenger service; or (d) Freight rolling stock that is sub-ject to a reflectorization requirement promulgated by another Federal agen-cy. 224.5 Definitions. Administrator means the Adminis-trator of the Federal Railroad Admin
27、-istration or the Administrators dele-gate. Associate Administrator means the As-sociate Administrator for Safety, Fed-eral Railroad Administration, or the Associate Administrators delegate. Damaged means scratched, broken, chipped, peeled, or delaminated. Flat car means a car having a flat floor or
28、 deck on the underframe with no sides, ends or roof (including spine cars, articulated and mult-unit inter-modal cars). Freight rolling stock means: (1) Any locomotive subject to part 229 of this chapter used to haul or switch freight cars (whether in revenue or work train service); and (2) Any rail
29、road freight car (whether used in revenue or work train service). Freight rolling stock owner means any person who owns freight rolling stock, is a lessee of freight rolling stock, manages the maintenance or use of freight rolling stock on behalf of an owner or one or more lessors or lessees, or oth
30、erwise controls the maintenance or use of freight rolling stock. Locomotive has the meaning assigned by 229.5 of this chapter, but for pur-poses of this part applies only to a lo-comotive used in the transportation of freight or the operation of a work train. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 2
31、20215 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-352 49 CFR Ch. II (10110 Edition) 224.7 Obscured means concealed or hidden (i.e., covered up, as wher
32、e a layer of paint or dense chemical residue blocks all incoming light); this term does not refer to ordinary accumulations of dirt, grime, or ice resulting from the normal railroad operating environment. Person means an entity of any type covered under 1 U.S.C. 1, including but not limited to the f
33、ollowing: A rail-road; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track or facilities; any independent contractor providing goods or services to a rail-road; and any employee of such an owner, manufactu
34、rer, lessor, lessee, or independent contractor. Railroad means all forms of non-high-way ground transportation that run on rails or electromagnetic guideways, in-cluding high speed ground transpor-tation systems that connect metropoli-tan areas, without regard to whether they use new technologies no
35、t associ-ated with traditional railroads. Railroad freight car has the meaning assigned by 215.5 of this chapter. Tank car means a rail car, the body of which consists of a tank for trans-porting liquids. Universal Machine Language Equip-ment Register means the database con-taining information on ra
36、il equipment maintained by the Association of American Railroads. Unqualified Retroreflective Sheeting means engineering grade sheeting, super engineering grade sheeting (en-closed lens) or high-intensity type sheeting (ASTM Type I, II, III, or IV Sheeting) as described in ASTM Inter-national Standa
37、rd D495604, Standard Specification for Retroreflective Sheet-ing for Traffic Control. Work train means a non-revenue serv-ice train used for the maintenance and upkeep service of the railroad. 224.7 Waivers. (a) Any person subject to a require-ment of this part may petition the Ad-ministrator for a
38、waiver of compliance with such requirement. The filing of such a petition does not affect that persons responsibility for compliance with that requirement while the peti-tion is being considered. (b) Each petition for waiver under this section shall be filed in the man-ner and contain the informatio
39、n 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, the Administrator may grant the waiver subject to any conditions that the Administrator deems nec-essary. 224.9 Responsibility for com
40、pliance. (a) Freight rolling stock owners, rail-roads, and (with respect to certifi-cation of material) manufacturers of retroreflective material, are primarily responsible for compliance with this part. However, any person that per-forms any function or task required by this part (including any emp
41、loyee, agent, or contractor of the aforemen-tioned), must perform that function in accordance with this part. (b) Any person performing any func-tion or task required by this part shall be deemed to have consented to FRA inspection of the persons facilities and records to the extent necessary to de-
42、termine whether the function or task is being performed in accordance with the requirements of this part. 224.11 Penalties. (a) Any person (including but not limited to a railroad; any manager, su-pervisor, official, or other employee or agent of a railroad; any owner, manu-facturer, lessor, or less
43、ee of railroad equipment, track, or facilities; any em-ployee of such owner, manufacturer, lessor, lessee, or independent con-tractor) who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least $650, but not more than $25,000 p
44、er violation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent viola-tion or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $10
45、0,000 per violation may be assessed. Each day a violation con-tinues shall constitute a separate of-fense. Appendix A to this part contains VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot
46、for ResaleNo reproduction or networking permitted without license from IHS-,-,-353 Federal Railroad Administration, DOT 224.15 a schedule of civil penalty amounts used in connection with this part. (b) Any person who knowingly and willfully falsifies a record or report re-quired by this part is subj
47、ect to crimi-nal penalties under 49 U.S.C. 21311. 70 FR 62176, Oct. 28, 2005, as amended at 72 FR 51197, Sept. 6, 2007; 73 FR 79702, Dec. 30, 2008 224.13 Preemptive effect. Under 49 U.S.C. 20106, issuance of this part preempts any State law, rule, reg-ulation, or order covering the same subject matt
48、er, except an additional or more stringent law, rule, regulation, or order that is necessary to eliminate or reduce an essentially local safety haz-ard; that is not incompatible with a law, rule, regulation, or order of the United States Government; and that does not unreasonably burden inter-state
49、commerce. 224.15 Special approval procedures. (a) General. The following procedures govern consideration and action upon requests for special approval of alter-native standards under 224.103(e). (b) Petitions. (1) Each petition for spe-cial approval of an alternative stand-ard shall contain (i) The name, title, address, and tele-phone number of the primary person to be contacted with regard to the peti-tion; (ii) The alternative proposed,
