1、932 49 CFR Ch. II (10110 Edition) Pt. 241 a field test. All railroads should retain the discretion to limit the number of retests that an examinee can request but any cap placed on the number of retests should not limit retesting when changed circumstances would make such retesting appropriate. Chan
2、ged circumstances would most likely occur if the examinees medical condition has improved in some way or if technology has advanced to the extent that it arguably could compensate for a hearing or vision de-ficiency. (5) Engineers who wear contact lenses should have good tolerance to the lenses and
3、should be instructed to have a pair of correc-tive glasses available when on duty. 64 FR 60996, Nov. 8, 1999 PART 241UNITED STATES LOCA-TIONAL REQUIREMENT FOR DIS-PATCHING OF UNITED STATES RAIL OPERATIONS Sec. 241.1 Purpose and scope. 241.3 Application and responsibility for compliance. 241.5 Defini
4、tions. 241.7 Waivers. 241.9 Prohibition against extraterritorial dispatching; exceptions. 241.11 Prohibition against conducting a rail-road operation dispatched by an extraterritorial dispatcher; exceptions. 241.13 Prohibition against track owners re-quiring or permitting use of its line for a railr
5、oad operation dispatched by an extraterritorial dispatcher; exceptions. 241.15 Penalties and other consequences for noncompliance. 241.17 Preemptive effect. 241.19 Information collection. APPENDIX A TO PART 241LIST OF LINES BEING EXTRATERRITORIALLY DISPATCHED IN ACCORDANCE WITH THE REGULATIONS CONTA
6、INED IN 49 CFR PART 241, REVISED AS OF OCTOBER 1, 2002 APPENDIX B TO PART 241SCHEDULE OF CIVIL PENALTIES APPENDIX C TO PART 241GEOGRAPHICAL BOUNDARIES OF FRAS REGIONS AND AD-DRESSES OF FRAS REGIONAL HEAD-QUARTERS AUTHORITY: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461, note; 49 CFR 1.
7、49. SOURCE: 67 FR 75960, Dec. 10, 2002, unless otherwise noted. 241.1 Purpose and scope. (a) The purpose of this part is to pre-vent railroad accidents and incidents, and consequent injuries, deaths, and property damage, that would result from improper dispatching of railroad operations in the Unite
8、d States by in-dividuals located outside of the United States. (b) This part prohibits extraterritorial dispatching of railroad operations, conducting railroad oper-ations that are extraterritorially dis-patched, and allowing track to be used for such operations, subject to certain stated exceptions
9、. This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements not inconsistent with this part. 241.3 Application and responsibility for compliance. (a) Except as provided in paragraph (b) of this section, this part applies to all railroads. (b) This p
10、art does not apply to (1) A railroad that operates only on track inside an installation that is not part of the general railroad system of transportation; or (2) Rapid transit operations in an urban area that are not connected to the general railroad system of trans-portation. (c) Although the dutie
11、s imposed by this part are generally stated in terms of a duty of a railroad, each person, in-cluding a contractor for a railroad, who performs a function covered by this part, shall perform that function in ac-cordance with this part. 241.5 Definitions. As used in this part: Administrator means the
12、 Adminis-trator of the Federal Railroad Admin-istration or the Administrators dele-gate. Dispatch means (1) To perform a function that would be classified as a duty of a dis-patching service employee, as that term is defined by the hours of service laws at 49 U.S.C. 21101(2), if the func-tion were t
13、o be performed in the United States. For example, to dispatch means, by the use of an electrical or mechan-ical device (i) To control the movement of a train or other on-track equipment by the issuance of a written or verbal au-thority or permission affecting a rail-road operation, or by establishin
14、g a VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00942 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-933 Federal Railroad Administration, DOT 241.5 route thro
15、ugh the use of a railroad sig-nal or train control system but not merely by aligning or realigning a switch; or (ii) To control the occupancy of a track by a roadway worker or sta-tionary on-track equipment, or both; or (iii) To issue an authority for work-ing limits to a roadway worker. (2) The ter
16、m dispatch does not include the action of personnel in the field (i) Effecting implementation of a written or verbal authority or permis-sion affecting a railroad operation or an authority or permission affecting a railroad operation or an authority for working limits to a roadway worker (e.g., init
17、iating an interlocking timing device, authorizing a train to enter working limits); or (ii) Operating a function of a signal system designed for use by those per-sonnel. Dispatcher means any individual who dispatches. Emergency means an unexpected and unforeseeable event or situation that affects a
18、railroads ability to use a dis-patcher in the United States to dis-patch a railroad operation in the United States and that, absent the rail-roads use of an extraterritorial dis-patcher to dispatch the railroad oper-ation, would either materially disrupt rail service or pose a substantial safety haz
19、ard. Employee means an individual who is engaged or compensated by a railroad or by a contractor to a railroad to per-form any of the duties defined in this part. Extraterritorial dispatcher means a dis-patcher who, while located outside of the United States, dispatches a rail-road operation that oc
20、curs in the United States. Extraterritorial dispatching means the act of dispatching a railroad operation that occurs on trackage in the United States by a dispatcher located outside of the United States. Fringe border dispatching means the act of extraterritorial dispatching a railroad operation th
21、at occurs on trackage in the United States imme-diately adjacent to the border between the United States and Canada or the border between the United States and Mexico by a dispatcher who is a rail-road employee located in Canada or Mexico. FRA means the Federal Railroad Ad-ministration, United State
22、s Depart-ment of Transportation. Movement of a train means the move-ment of one or more locomotives cou-pled with or without cars, requiring an air brake test in accordance with part 232 or part 238 of this chapter, except during switching operations or where the operation is that of classifying and
23、 assembling rail cars within a railroad yard for the purpose of making or breaking up trains. Occupancy of a track by a roadway worker or stationary on-track equipment or both refers to the physical presence of a roadway worker or stationary on- track equipment, or both, on a track for the purpose o
24、f making an inspec-tion, repair, or another activity not as-sociated with the movement of a train or other on-track equipment. Person means an entity of a type cov-ered under 1 U.S.C. 1, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or age
25、nt of a railroad; an owner, manufacturer, lessor, or lessee of railroad equipment, track, or facili-ties; an independent contractor pro-viding goods or services to a railroad; and an employee of such owner, manu-facturer, lessor, lessee, or independent contractor. Railroad means any form of non-high
26、way ground transportation that runs on rails or electromagnetic guide-ways and any person providing such transportation, including (1) Commuter or other short-haul railroad passenger service in a metro-politan or suburban area and com-muter railroad service that was oper-ated by the Consolidated Rai
27、l Corpora-tion on January 1, 1979; and (2) High speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not asso-ciated with traditional railroads; but does not include rapid transit oper-ations in an urban area that are not c
28、onnected to the general railroad sys-tem of transportation. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00943 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-9
29、34 49 CFR Ch. II (10110 Edition) 241.7 Railroad contractor means a con-tractor to a railroad or a subcontractor to a contractor to a railroad. Railroad operation means the move-ment of a train or other on-track equipment (other than on-track equip-ment used in a switching operation or where the oper
30、ation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up a train), or the activity that is the subject of an authority issued to a roadway worker for working limits. Roadway worker means any employee of a railroad, or of a contractor to a
31、railroad, whose duties include inspec-tion, construction, maintenance, or re-pair of railroad track, bridges, road-way, signal and communication sys-tems, electric traction systems, road-way facilities, or roadway maintenance machinery on or near track or with the potential of fouling a track, and f
32、lagmen and watchmen/lookouts. State means a State of the United States of America or the District of Co-lumbia. United States means all of the States. Working limits means a segment of track with definite boundaries estab-lished in accordance with part 214 of this chapter upon which trains and en-gi
33、nes may move only as authorized by the roadway worker having control over that defined segment of track. Working limits may be established through exclusive track occupancy, inaccessible track, foul time, or train coordination as defined in part 214 of this chapter. 241.7 Waivers. (a) General. (1) A
34、 person subject to a requirement of this part may petition the Administrator for a waiver of com-pliance with such requirement. Except as provided in paragraph (b) of this sec-tion, the filing of such a petition does not affect that persons responsibility for compliance with that requirement while t
35、he petition is being considered. (2) (i) Each petition for waiver under this section shall be filed in the man-ner and contain the information re-quired by part 211 of this chapter. (ii) Petitions seeking approval to conduct fringe border operations shall also comply with the requirements of paragra
36、ph (c) of this section. (iii) Petitioners not filing under paragraph (c) of this section should re-view the guidelines at 66 FR 63942 (Dec. 11, 2001), and frame their petitions to address the safety and security con-cerns articulated in the preamble, or contact the Office of the Chief Counsel, RCC12
37、, FRA, 1200 New Jersey Avenue, SE., Stop 10, Washington, DC 20590, for a copy of the guidelines. (3) 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 Admi
38、nistrator deems nec-essary. (b) Special dispensation for existing extraterritorial dispatching. (1) A rail-road that files a waiver request seeking to continue extraterritorial dispatch of an operation that it has dispatched from Canada or Mexico pursuant to regulations contained in 49 CFR part 241,
39、 revised as of October 1, 2002, may continue extraterritorial dispatching of that operation until the railroads waiver request is acted upon by FRA if the petition is filed no later than April 11, 2003. (2) If the waiver request is for an op-eration not listed in appendix A to this part, the waiver
40、request must describe when the extraterritorial dispatching of the operation commenced and how the dispatching was authorized by reg-ulations contained in 49 CFR part 241, revised as of October 1, 2002. FRA will notify the railroad if FRA determines that the operation was not permitted by the terms
41、of those regulations. (c) Fringe border dispatching. (1) A waiver request to have a railroad em-ployee located in Canada or in Mexico dispatch a railroad operation in the United States immediately adjacent to the border of the country in which the dispatcher conducts the dispatching will generally b
42、e approved by FRA, subject to any conditions imposed by FRA, if the waiver request meets all of the terms of paragraphs (c)(2) and (3) of this section. A proponent of a waiver request may seek relief from the terms of paragraphs (c)(2) and (3) of this sec-tion. VerDate Mar2010 09:47 Dec 14, 2010 Jkt
43、 220215 PO 00000 Frm 00944 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-935 Federal Railroad Administration, DOT 241.9 (2) The railroad proposing to conduct the fringe bor
44、der dispatching shall sup-ply the following documents as part of the waiver request: (i) A description, by railroad division, applicable subdivision(s), and mile-posts, of the line proposed to be dis-patched; (ii) A copy of the operating rules of the railroad that would apply to the proposed fringe
45、border dispatching, in-cluding hours of service limitations, and the railroads program for testing the dispatchers in accordance with these operating rules and for ensuring that the dispatchers do not work in ex-cess of the hours of service restric-tions; (iii) A copy of the railroads drug and alcoh
46、ol abuse prevention program that applies to the fringe border dis-patchers. The program shall, to the ex-tent permitted by the laws of the coun-try where the dispatching occurs, con-tain the following: (A) Preemployment drug testing; (B) A general prohibition on posses-sion and use of alcohol and dr
47、ugs while on duty; (C) Reasonable cause alcohol and drug testing; (D) A policy dealing with co-worker and self-reporting of alcohol and drug abuse problems; (E) Post-accident testing; and (F) Random drug testing; (iv) The steps the railroad has taken to ensure the security of the dispatch center whe
48、re the fringe border dis-patching will take place; (v) The railroads plans for complying with the requirements of paragraph (c)(3) of this section; and (vi) A verification from a government agency in the country where the dis-patching will occur that the agency has safety jurisdiction over the rail-
49、road and the proposed dispatching, and that the railroads safety programs ref-erenced in paragraphs (c)(2)(ii) and (iii) of this section meet the safety require-ments established by the agency or, in the absence of established safety re-quirements, that the programs are sat-isfactory to the agency. (3) Except as otherwise approved by FRA, fringe border dispatching must comply with the following require-ments: (i) The trackage in the United
