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[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
[CITE: 49CFR228]

[Page 289-302]
 

TITLE 49--TRANSPORTATION
CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 228--HOURS OF SERVICE OF RAILROAD EMPLOYEES


                           Subpart A--General

Sec.
228.1 Scope.
228.3 Application.
228.5 Definitions.

                    Subpart B--Records and Reporting

228.7 Hours of duty.
228.9 Railroad records; general.
228.11 Hours of duty records.
228.17 Dispatcher's record of train movements.
228.19 Monthly reports of excess service.
228.21 Civil penalty.
228.23 Criminal penalty.

          Subpart C--Construction of Employee Sleeping Quarters

228.101 Distance requirement; definitions.
228.103 Approval procedure: construction within one-half mile (2,640 
          feet) (804 meters).
228.105 Additional requirements; construction within one-third mile 
          (1,760 feet) (536 meters) of certain switching.
228.107 Action on petition.

Appendix A to Part 228--Requirements of the Hours of Service Act: 
          Statement of Agency Policy and Interpretation
Appendix B to Part 228--Schedule of Civil Penalties
Appendix C to Part 228--Guidelines for Clean, Safe, and Sanitary 
          Railroad Provided Camp Cars

    Authority: 49 U.S.C. 20103, 20107, 21101-21108, and 49 CFR 1.49.

    Source: 37 FR 12234, June 21, 1972, unless otherwise noted.

                           Subpart A--General

Sec. 228.1  Scope.

    This part--
    (a) Prescribes reporting and record keeping requirements with 
respect to the hours of service of certain railroad employees; and
    (b) Establishes standards and procedures concerning the construction 
or reconstruction of employee sleeping quarters.

[43 FR 31012, July 19, 1978]

Sec. 228.3  Application.

    (a) Except as provided in paragraph (b), this part applies to all 
railroads.
    (b) This part does not apply to:
    (1) A railroad that operates only on track inside an installation 
which is not part of the general railroad system of transportation; or
    (2) Rapid transit operations in an urban area that are not connected 
with the general railroad system of transportation.

[54 FR 33229, Aug. 14, 1989]

Sec. 228.5  Definitions.

    As used in this part:

[[Page 290]]

    (a) Administrator means the Administrator of the Federal Railroad 
Administrator or any person to whom he delegated authority in the matter 
concerned.
    (b) Carrier, common carrier, and common carrier engaged in 
interstate or foreign commerce by railroad mean railroad as that term is 
defined below.
    (c) Employee means an individual employed by the common carrier who 
(1) is actually engaged in or connected with the movement of any train, 
including a person who performs the duties of a hostler, (2) dispatches, 
reports, transmits, receives, or delivers orders pertaining to train 
movements by the use of telegraph, telephone, radio, or any other 
electrical or mechanical device, or (3) is engaged in installing, 
repairing or maintaining signal systems.
    (d) Railroad means all forms of non-highway ground transportation 
that run on rails or electromagnetic guideways, including (1) commuter 
or other short-haul rail passenger service in a metropolitan or suburban 
area, and (2) high speed ground transportation systems that connect 
metropolitan areas, without regard to whether they use new technologies 
not associated with traditional railroads. Such term does not include 
rapid transit operations within an urban area that are not connected to 
the general railroad system of transportation.

[54 FR 33229, Aug. 14, 1989]

                    Subpart B--Records and Reporting

Sec. 228.7  Hours of duty.

    (a) For purposes of this part, time on duty of an employee actually 
engaged in or connected with the movement of any train, including a 
hostler, begins when he reports for duty and ends when he is finally 
released from duty, and includes--
    (1) Time engaged in or connected with the movement of any train;
    (2) Any interim period available for rest at a location that is not 
a designated terminal;
    (3) Any interim period of less than 4 hours available for rest at a 
designated terminal;
    (4) Time spent in deadhead transportation en route to a duty 
assignment; and
    (5) Time engaged in any other service for the carrier.

Time spent in deadhead transportation by an employee returning from duty 
to his point of final release may not be counted in computing time off 
duty or time on duty.
    (b) For purposes of this part, time on duty of an employee who 
dispatches, reports, transmits, receives, or delivers orders pertaining 
to train movements by use of telegraph, telephone, radio, or any other 
electrical or mechanical device includes all time on duty in other 
service performed for the common carrier during the 24-hour period 
involved.
    (c) For purposes of this part, time on duty of an employee who is 
engaged in installing, repairing or maintaining signal systems includes 
all time on duty in other service performed for a common carrier during 
the 24-hour period involved.

[37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978]

Sec. 228.9  Railroad records; general.

    (a) Records maintained under this part shall be--
    (1) Signed by the employee whose time on duty is being recorded or, 
in the case of train and engine crews, signed by the ranking crew 
member;
    (2) Retained for 2 years; and
    (3) Available for inspection and copying by the Administrator during 
regular business hours.
    (b) [Reserved]

Sec. 228.11  Hours of duty records.

    (a) Each carrier shall keep a record of the following information 
concerning the hours of duty of each employee:
    (1) Identification of employee.
    (2) Place, date, and beginning and ending times for hours of duty in 
each occupation.
    (3) Total time on duty in all occupations.
    (4) Number of consecutive hours off duty prior to going on duty.
    (5) Beginning and ending times of periods spent in transportation, 
other than personal commuting, to or from a

[[Page 291]]

duty assignment and mode of transportation (train, track car, carrier 
motor vehicle, personal automobile, etc.).
    (b) [Reserved]

[37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978]

Sec. 228.17  Dispatcher's record of train movements.

    (a) Each carrier shall keep, for each dispatching district, a record 
of train movements made under the direction and control of a dispatcher 
who uses telegraph, telephone, radio, or any other electrical or 
mechanical device to dispatch, report, transmit, receive, or deliver 
orders pertaining to train movements. The following information shall be 
included in the record:
    (1) Identification of timetable in effect.
    (2) Location and date.
    (3) Identification of dispatchers and their times on duty.
    (4) Weather conditions at 6-hour intervals.
    (5) Identification of enginemen and conductors and their times on 
duty.
    (6) Identification of trains and engines.
    (7) Station names and office designations.
    (8) Distances between stations.
    (9) Direction of movement and the time each train passes all 
reporting stations.
    (10) Arrival and departure times of trains at all reporting 
stations.
    (11) Unusual events affecting movement of trains and identification 
of trains affected.
    (b) [Reserved]

Sec. 228.19  Monthly reports of excess service.

    (a) Each carrier shall report to the Associate Administrator for 
Safety, (RRS-1), Federal Railroad Administration, Washington, DC 20590, 
each of the following instances within 30 days after the calendar month 
in which the instance occurs:
    (1) A member of a train or engine crew or other employee engaged in 
or connected with the movement of any train, including a hostler, is on 
duty for more than 12 consecutive hours.
    (2) A member of a train or engine crew or other employee engaged in 
or connected with the movement of any train, including a hostler, 
returns to duty after 12 hours of continuous service without at least 10 
consecutive hours off duty.
    (3) A member of a train or engine crew or other employee engaged in 
or connected with the movement of any train, including a hostler, 
continues on duty without at least 8 consecutive hours off duty during 
the preceding 24 hours. \1\
---------------------------------------------------------------------------

    \1\ Instances involving tours of duty that are broken by four or 
more consecutive hours off duty time at a designated terminal which do 
not constitute more than a total of 12 hours time on duty are not 
required to be reported, provided such tours of duty are immediately 
preceded by 8 or more consecutive hours off-duty time. Instances 
involving tours of duty that are broken by less than 8 consecutive hours 
off duty which constitute more than a total of 12 hours time on duty 
must be reported.
---------------------------------------------------------------------------

    (4) A member of a train or engine crew or other employee engaged in 
or connected with the movement of any train, including a hostler, 
returns to duty without at least 8 consecutive hours off duty during the 
preceding 24 hours. \1\
    (5) An employee who transmits, receives, or delivers orders 
affecting train movements is on duty for more than 9 hours in any 24-
hour period at an office where two or more shifts are employed.
    (6) An employee who transmits, receives, or delivers orders 
affecting train movements is on duty for more than 12 hours in any 24-
hour period at any office where one shift is employed.
    (7) An employee engaged in installing, repairing or maintaining 
signal systems is on duty for more than 12 hours in a twenty-four hour 
period.
    (8) An employee engaged in installing, repairing or maintaining 
signal systems returns to duty after 12 hours of continuous service 
without at least 10 consecutive hours off duty.
    (9) An employee engaged in installing, repairing or maintaining 
signal systems continues on duty without at least 8 consecutive hours 
off duty during the preceding 24 hours.
    (10) An employee engaged in installing, repairing or maintaining 
signal systems returns to duty without at

[[Page 292]]

least 8 consecutive hours off duty during the preceding 24 hours.
    (b) Reports required by paragraph (a) of this section shall be filed 
in writing on FRA Form F-6180-3 \2\ with the Office of Safety, Federal 
Railroad Administration, Washington, DC 20590. A separate form shall be 
used for each instance reported.
---------------------------------------------------------------------------

    \2\ Form may be obtained from the Office of Safety, Federal Railroad 
Administration, Washington, DC 20590. Reproduction is authorized.

[37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978]

Sec. 228.21  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, track, or 
facilities; any independent contractor providing goods or services to a 
railroad; and any employee of such owner, manufacturer, lessor, lessee, 
or independent contractor) who violates any requirement of this part or 
causes the violation of any such requirement is subject to a civil 
penalty of at least $500 and not more than $11,000 per violation, except 
that: Penalties may be assessed against individuals only for willful 
violations, and, where a grossly negligent violation 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 $22,000 
per violation may be assessed. Each day a violation continues shall 
constitute a separate offense. See appendix B to this part for a 
statement of agency civil penalty policy. Violations of the Hours of 
Service Act itself (e.g., requiring an employee to work excessive hours 
or beginning construction of a sleeping quarters subject to approval 
under subpart C of this part without prior approval) are subject to 
penalty under that Act's penalty provision, 45 U.S.C. 64a.

[53 FR 52931, Dec. 29, 1988, as amended at 63 FR 11622, Mar. 10, 1998]

Sec. 228.23  Criminal penalty.

    Any person who knowingly and willfully falsifies a report or record 
required to be kept under this part or otherwise knowingly and willfully 
violates any requirement of this part may be liable for criminal 
penalties of a fine up to $5,000, imprisonment for up to two years, or 
both, in accordance with 45 U.S.C. 438(e).

[53 FR 52931, Dec. 29, 1988]

          Subpart C--Construction of Employee Sleeping Quarters

    Source: 43 FR 31012, July 19, 1978, unless otherwise noted.

Sec. 228.101  Distance requirement; definitions.

    (a) The Hours of Service Act, as amended (45 U.S.C. 61-64b), makes 
it unlawful for any common carrier engaged in interstate or foreign 
commerce by railroad to begin, on or after July 8, 1976, the 
construction or reconstruction of sleeping quarters for employees who 
perform duties covered by the act ``within or in the immediate vicinity 
(as determined in accordance with rules prescribed by the Secretary of 
Transportation) of any area where railroad switching or humping 
operations are performed.'' 45 U.S.C. 62(a)(4). This subpart sets forth 
(1) a general definition of ``immediate vicinity'' (Sec. 228.101(b)), 
(2) procedures under which a carrier may request a determination by the 
Federal Railroad Administration that a particular proposed site is not 
within the ``immediate vicinity'' of railroad switching or humping 
operations (Secs. 228.103 and 228.105), and (3) the basic criteria 
utilized in evaluating proposed sites (Sec. 228.107).
    (b) Except as determined in accordance with the provisions of this 
subpart. ``The immediate vicinity'' shall mean the area within one-half 
mile (2,640 feet) (804 meters) of switching or humping operations as 
measured from the nearest rail of the nearest trackage where switching 
or humping operations are performed to the point on the site where the 
carrier proposes to construct or reconstruct the exterior wall of the 
structure, or portion of such wall, which is closest to such operations.

[[Page 293]]

    (c) As used in this subpart--
    (1) Construction shall refer to the--
    (i) Creation of a new facility;
    (ii) Expansion of an existing facility;
    (iii) Placement of a mobile or modular facility; or
    (iv) Acquisition and use of an existing building.
    (2) Reconstruction shall refer to the--
    (i) Replacement of an existing facility with a new facility on the 
same site; or
    (ii) Rehabilitation or improvement of an existing facility (normal 
periodic maintenance excepted) involving the expenditure of an amount 
representing more than 50 percent of the cost of replacing such facility 
on the same site at the time the work of rehabilitation or improvement 
began, the replacement cost to be estimated on the basis of contemporary 
construction methods and materials.
    (3) Switching or humping operations includes the classification of 
placarded railroad cars according to commodity or destination, 
assembling of placarded cars for train movements, changing the position 
of placarded cars for purposes of loading, unloading, or weighing, and 
the placing of placarded cars for repair. However, the term does not 
include the moving of rail equipment in connection with work service, 
the moving of a train or part of a train within yard limits by a road 
locomotive or placing locomotives or cars in a train or removing them 
from a train by a road locomotive while en route to the train's 
destination. The term does include operations within this definition 
which are conducted by any railroad; it is not limited to the operations 
of the carrier contemplating construction or reconstruction of railroad 
employee sleeping quarters.
    (4) Placarded car shall mean a railroad car required to be placarded 
by the Department of Transportation hazardous materials regulations (49 
CFR 172.504).
    (5) The term L<INF>eq</INF> (8) shall mean the equivalent steady 
state sound level which in 8 hours would contain the same acoustic 
energy as the time-varying sound level during the same time period.

Sec. 228.103  Approval procedure: construction within one-half mile 
          (2,640 feet) (804 meters).

    (a) A common carrier that has developed plans for the construction 
or reconstruction of sleeping quarters subject to this subpart and which 
is considering a site less than one-half mile (2,640 feet) (804 meters) 
from any area where switching or humping operations are performed, 
measured from the nearest rail of the nearest trackage utilized on a 
regular or intermittent basis for switching or humping operations to the 
point on the site where the carrier proposes to construct or reconstruct 
the exterior wall of the structure, or portion of such wall, which is 
closest to such operations, must obtain the approval of the Federal 
Railroad Administration before commencing construction or reconstruction 
on that site. Approval may be requested by filing a petition conforming 
to the requirements of this subpart.
    (b) A carrier is deemed to have conducted switching or humping 
operations on particular trackage within the meaning of this subpart if 
placarded cars are subjected to the operations described in 
Sec. 228.101(c)(3) within the 365-day period immediately preceding the 
date construction or reconstruction is commenced or if such operations 
are to be permitted on such trackage after such date. If the carrier 
does not have reliable records concerning the traffic handled on the 
trackage within the specified period, it shall be presumed that 
switching of placarded cars is conducted at the location and 
construction or reconstruction of sleeping quarters within one-half mile 
shall be subject to the approval procedures of this subpart.
    (c) A petition shall be filed in triplicate with the Secretary, 
Railroad Safety Board, Federal Railroad Administration, Washington, DC 
20590 and shall contain the following:
    (1) A brief description of the type of construction planned, 
including materials to be employed, means of egress from the quarters, 
and actual and projected exterior noise levels and projected interior 
noise levels;

[[Page 294]]

    (2) The number of employees expected to utilize the quarters at full 
capacity;
    (3) A brief description of the site, including:
    (i) Distance from trackage where switching or humping operations are 
performed, specifying distances from particular functions such as 
classification, repair, assembling of trains from large groups of cars, 
etc. cetera;
    (ii) Topography within a general area consisting of the site and all 
of the rail facilities close to the site;
    (iii) Location of other physical improvements situated between the 
site and areas where railroad operations are conducted;
    (4) A blueprint or other drawing showing the relationship of the 
site to trackage and other planned and existing facilities;
    (5) The proposed or estimated date for commencement of construction;
    (6) A description of the average number and variety of rail 
operations in the areas within one-half mile (2,640 feet) (804 meters) 
of the site (e.g., number of cars classified in 24-hour period; number 
of train movements);
    (7) An estimate of the average daily number of placarded rail cars 
transporting hazardous materials through the railroad facility (where 
practicable, based on a 365-day period sample, that period not having 
ended more than 120 days prior to the date of filing the petition), 
specifying the--
    (i) Number of such cars transporting class A explosives and poison 
gases; and
    (ii) Number of DOT Specification 112A and 114A tank cars 
transporting flammable gas subject to FRA emergency order No. 5;
    (8) A statement certified by a corporate officer of the carrier 
possessing authority over the subject matter explaining any plans of 
that carrier for utilization of existing trackage, or for the 
construction of new trackage, which may impact on the location of 
switching or humping operations within one-half mile of the proposed 
site (if there are no plans, the carrier official must so certify); and
    (9) Any further information which is necessary for evaluation of the 
site.
    (d) A petition filed under this section must contain a statement 
that the petition has been served on the recognized representatives of 
the railroad employees who will be utilizing the proposed sleeping 
quarters, together with a list of the employee representatives served.

Sec. 228.105  Additional requirements; construction within one-third 
          mile (1,760 feet) (536 meters) of certain switching.

    (a) In addition to providing the information specified by 
Sec. 228.103, a carrier seeking approval of a site located within one-
third mile (1,760 feet) (536 meters) of any area where railroad 
switching or humping operations are performed involving any cars 
required to be placarded ``EXPLOSIVES A'' or ``POISON GAS'' or any DOT 
Specification 112A or 114A tank cars transporting flammable gas subject 
to FRA emergency order No. 5 shall establish by a supplementary 
statement certified by a corporate officer possessing authority over the 
subject matter that--
    (1) No feasible alternate site located at or beyond one-third mile 
from switching or humping operations is either presently available to 
the railroad or is obtainable within 3 miles (15,840 feet) (4,827 
meters) of the reporting point for the employees who are to be housed in 
the sleeping quarters;
    (2) Natural or other barriers exist or will be created prior to 
occupancy of the proposed facility between the proposed site and any 
areas in which switching or humping operations are performed which will 
be adequate to shield the facility from the direct and severe effects of 
a hazardous materials accident/incident arising in an area of switching 
or humping operations;
    (3) The topography of the property is such as most likely to cause 
any hazardous materials unintentionally released during switching or 
humping to flow away from the proposed site; and
    (4) Precautions for ensuring employee safety from toxic gases or 
explosions such as employee training and evacuation plans, availability 
of appropriate respiratory protection, and measures for fire protection, 
have been considered.

[[Page 295]]

    (b) In the absence of reliable records concerning traffic handled on 
trackage within the one-third mile area, it shall be presumed that the 
types of cars enumerated in paragraph (a) of this section are switched 
on that trackage; and the additional requirements of this section shall 
be met by the petitioning carrier, unless the carrier establishes that 
the switching of the enumerated cars will be effectively barred from the 
trackage if the petition is approved.

Sec. 228.107  Action on petition.

    (a) Each petition for approval filed under Sec. 228.103 is referred 
to the Railroad Safety Board for action in accordance with the 
provisions of part 211, title 49, CFR, concerning the processing of 
requests for special approvals.
    (b) In considering a petition for approval filed under this subpart, 
the Railroad Safety Board evaluates the material factors bearing on--
    (1) The safety of employees utilizing the proposed facility in the 
event of a hazardous materials accident/incident and in light of other 
relevant safety factors; and
    (2) Interior noise levels in the facility.
    (c) The Railroad Safety Board will not approve an application 
submitted under this subpart if it appears from the available 
information that the proposed sleeping quarters will be so situated and 
constructed as to permit interior noise levels due to noise under the 
control of the railroad to exceed an L<INF>eq</INF>(8) value of 55dB(A). 
If individual air conditioning and heating systems are to be utilized, 
projections may relate to noise levels with such units turned off.
    (d) Approval of a petition filed under this subpart may be withdrawn 
or modified at any time if it is ascertained, after opportunity for a 
hearing, that any representation of fact or intent made by a carrier in 
materials submitted in support of a petition was not accurate or 
truthful at the time such representation was made.

   Appendix A to Part 228--Requirements of the Hours of Service Act: 
              Statement of Agency Policy and Interpretation

    First enacted in 1907, the Hours of Service Act was substantially 
revised in 1969 by Public Law 91-169. Further amendments were enacted as 
part of the Federal Railroad Safety Authorization Act of 1976, Public 
Law 94-348 and by the Rail Safety Improvement Act of 1988, Public Law 
100-342. The purpose of the law is ``to promote the safety of employees 
and travelers upon railroads by limiting the hours of service of 
employees * * *.'' This appendix is designed to explain the effect of 
the law in commonly-encountered situations.
    The Act governs the maximum work hours of employees engaged in one 
or more of the basic categories of covered service treated below. If an 
individual performs more than one kind of covered service during a tour 
of duty, then the most restrictive of the applicable limitations 
control.
    The act applies to any railroad, as that term is defined in 45 
U.S.C. 431(e). It governs the carrier's operations over its own railroad 
and all lines of road which it uses.

                        train and engine service

    Covered Service. Train or engine service refers to the actual 
assembling or operation of trains. Employees who perform this type of 
service commonly include locomotive engineers, firemen, conductors, 
trainmen, switchmen, switchtenders (unless their duties come under the 
provisions of section 3) and hostlers. With the passage of the 1976 
amendments, both inside and outside hostlers are considered to be 
connected with the movement of trains. Previously, only outside hostlers 
were covered. Any other employee who is actually engaged in or connected 
with the movement of any train is also covered, regardless of his job 
title.
    Limitations on Hours. The Act establishes two limitations on hours 
of service. First, no employee engaged in train or engine service may be 
required or permitted to work in excess of twelve consecutive hours. 
After working a full twelve consecutive hours, an employee must be given 
at least ten consecutive hours off duty before being permitted to return 
to work.
    Second, no employee engaged in train or engine service may be 
required or permitted to continue on duty or go on duty unless he has 
had at least eight consecutive hours off duty within the preceding 
twenty-four hours. This latter limitation, when read in conjunction with 
the requirements with respect to computation of duty time (discussed 
below) results in several conclusions:

[[Page 296]]

    (1) When an employee's work tour is broken or interrupted by a valid 
period of interim release (4 hours or more at a designated terminal), he 
may return to duty for the balance of the total 12-hour work tour during 
a 24-hour period.
    (2) After completing the 12 hours of broken duty, or at the end of 
the 24-hour period, whichever occurs first, the employee may not be 
required or permitted to continue on duty or to go on duty until he has 
had at least 8 consecutive hours off duty.
    (3) The 24-hour period referred to in paragraphs 1 and 2 above shall 
begin upon the commencement of a work tour by the employee immediately 
after his having received a statutory off-duty period of 8 or 10 hours 
as appropriate.
    Duty time and effective periods of release. On-duty time commences 
when an employee reports at the time and place specified by the railroad 
and terminates when the employee is finally released of all 
responsibilities. (Time spent in deadhead transportation to a duty 
assignment is also counted as time on duty. See discussion below.) Any 
period available for rest that is of four or more hours and is at a 
designated terminal is off-duty time. All other periods available for 
rest must be counted as time on duty under the law, regardless of their 
duration.
    The term ``designated terminal'' means a terminal (1) which is 
designated in or under a collective bargaining agreement as the ``home'' 
or ``away-from-home'' terminal for a particular crew assignment and (2) 
which has suitable facilities for food and lodging. Carrier and union 
representatives may agree to establish additional designated terminals 
having such facilities as points of effective release under the Act. 
Agreements to designate additional terminals for purposes of release 
under the Act should be reduced to writing and should make reference to 
the particular assignments affected and to the Hours of Service Act. The 
following are common situations illustrating the designated terminal 
concept:
    (1) A freight or passenger road crew operates a train from home 
terminal ``A'' to away-from-home terminal ``B'' (or the reverse). 
Terminals ``A'' and ``B'' would normally be the designated terminals for 
this specific crew assignment. However, carrier and employee 
representatives may agree to designate additional terminals having 
suitable facilities for food and lodging as appropriate points of 
release under the Hours of Service Act.
    (2) A road crew operates a train in turn-around service from home 
terminal ``A'' to turn-around point ``B'' and back to ``A''. Terminal 
``A'' is the only designated terminal for this specific crew assignment, 
unless carrier and employee representatives have agreed to designate 
additional terminals having suitable facilities for food and lodging.
    (3) A crew is assigned to operate a maintenance-of-way work train 
from home terminal ``A'', work on line of road and tie up for rest along 
the line of road at point ``B''. Home terminal ``A'' and tie-up point 
``B'' both qualify as designated terminals for this specific work train 
crew assignment. Of course, suitable facilities for food and lodging 
must be available at tie-up point ``B''.
    Deadheading. Under the Act time spent in deadhead transportation 
receives special treatment. Time spent in deadhead transportation to a 
duty assignment by a train or engine service employee is considered on-
duty time. Time spent in deadhead transportation from the final duty 
assignment of the work tour to the point of final release is not 
computed as either time on duty or time off duty. Thus, the period of 
deadhead transportation to point of final release may not be included in 
the required 8- or 10-hour off-duty period. Time spent in deadhead 
transportation to a duty assignment is calculated from the time the 
employee reports for deadhead until he reaches his duty assignment.
    All time spent awaiting the arrival of a deadhead vehicle for 
transportation from the final duty assignment of the work tour to the 
point of final release is considered limbo time, i.e., neither time on 
duty nor time off duty, provided that the employee is given no specific 
responsibilities to perform during this time. However, if an employee is 
required to perform service of any kind during that period (e.g., 
protecting the train against vandalism, observing passing trains for any 
defects or unsafe conditions, flagging, shutting down locomotives, 
checking fluid levels, or communicating train consist information via 
radio), he or she will be considered as on duty until all such service 
is completed. Of course, where a railroad carrier's operating rules 
clearly relieve the employee of all duties during the waiting period and 
no duties are specifically assigned, the waiting time is not computed as 
either time on duty or time off duty.
    Transit time from the employee's residence to his regular reporting 
point is not considered deadhead time.
    If an employee utilizes personal automobile transportation to a 
point of duty assignment other than the regular reporting point in lieu 
of deadhead transportation provided by the carrier, such actual travel 
time is considered as deadheading time. However, if the actual travel 
time from his home to the point of duty assignment exceeds a reasonable 
travel time from the regular reporting point to the point of duty 
assignment, then only the latter period is counted. Of course, actual 
travel time must be reasonable and must not include diversions for 
personal reasons.

[[Page 297]]

    Example: Employee A receives an assignment from an ``extra board'' 
located at his home terminal to protect a job one hour's drive from the 
home terminal. In lieu of transporting the employee by carrier 
conveyance, the railroad pays the employee a fixed amount to provide his 
own transportation to and from the outlying point. The employee is 
permitted to go directly from his home to the outlying point, a drive 
which takes 40 minutes. The normal driving time between his regular 
reporting point at his home terminal and the outlying point is 60 
minutes. The actual driving time, 40 minutes is considered deadhead time 
and is counted as time on duty under the Act.
    Employee A performs local switching service at the outlying point. 
When the employee returns from the outlying point that evening, and 
receives an ``arbitrary'' payment for his making the return trip by 
private automobile, 40 minutes of his time in transportation home is 
considered deadheading to point of final release and is not counted as 
either time on duty or time off duty.
    Wreck and relief trains. Prior to the 1976 amendments, crews of 
wreck and relief trains were exempted entirely from the limitations on 
hours of service. Under present law that is no longer the case. The crew 
of a wreck or relief train may be permitted to be on duty for not to 
exceed 4 additional hours in any period of 24 consecutive hours whenever 
an actual emergency exists and the work of the crew is related to that 
emergency. Thus, a crew could work up to 16 hours, rather than 12. The 
Act specifies that an emergency ceases to exist for purposes of this 
provision when the track is cleared and the line is open for traffic. An 
``emergency'' for purposes of wreck or relief service may be a less 
extraordinary or catastrophic event than an ``unavoidable accident or 
Act of God'' under section 5(d) of the Act.
    Example: The crew of a wreck train is dispatched to clear the site 
of a derailment which has just occurred on a main line. The wreck crew 
re-rails or clears the last car and the maintenance of way department 
releases the track to the operating department 14 hours and 30 minutes 
into the duty tour. Since the line is not clear until the wreck train is 
itself out of the way, the crew may operate the wreck train to its 
terminal, provided this can be accomplished within the total of 16 hours 
on duty.
    Emergencies. The Act contains no general exception using the term 
``emergency'' with respect to train or engine service or related work. 
See ``casualties,'' etc., under ``General Provisions''.

                      communication of train orders

    Covered Service. The handling of orders governing the movement of 
trains is the second type of covered service. This provision of the Act 
applies to any operator, train dispatcher or other employee who by the 
use of the telegraph, telephone, radio, or any other electical or 
mechanical device dispatches, reports, transmits, receives, or delivers 
orders pertaining to or affecting train movements.
    The approach of the law is functional. Thus, though a yardmaster 
normally is not covered by this provision, a yardmaster or other 
employee who performs any of the specified service during a duty tour is 
subject to the limitations on service for that entire tour.
    Limitations on hours. No employee who performs covered service 
involving communication of train orders may be required or permitted to 
remain on duty for more than nine hours, whether consecutive or in the 
aggregate, in any 24-hour period in any office, tower, station or place 
where two or more shifts are employed. Where only one shift is employed, 
the employee is restricted to 12 hours consecutively or in the aggregate 
during any 24-hour period.
    The provision on emergencies, discussed below, may extend the 
permissible hours of employees performing this type of service.
    Shifts. The term ``shift'' is not defined by the Act, but the 
legislative history of the 1969 amendments indicates that it means a 
tour of duty constituting a day's work for one or more employee 
performing the same class of work at the same station who are scheduled 
to begin and end work at the same time. The following are examples of 
this principle:

------------------------------------------------------------------------
              Scheduled Hours                      Classification
------------------------------------------------------------------------
7 a.m. to 3 p.m...........................  1 shift.
7 a.m. to 12:30 p.m. 1:30 p.m. to 8 p.m.     Do.
 (Schedule for one employee including one
 hour lunch period).
7 a.m. to 3 p.m. 7 a.m. to 3 p.m. (Two       Do.
 employees scheduled).
7 a.m. to 3 p.m. 8 a.m. to 4 p.m. (Two      2 shifts.
 employees scheduled).
------------------------------------------------------------------------

    Duty time and effective periods of release. If, after reporting to 
his place of duty, an employee is required to perform duties at other 
places during this same tour of duty, the time spent traveling between 
such places is considered as time on duty. Under the traditional 
administrative interpretation of section 3, other periods of 
transportation are viewed as personal commuting and, thus, off-duty 
time.
    A release period is considered off-duty time if it provides a 
meaningful period of relaxation and if the employee is free of all 
responsibilities to the carrier. One hour is the minimum acceptable 
release period for this type of covered service.
    Emergencies. The section of the Act dealing with dispatchers, 
operators, and others who transmit or receive train orders contains its

[[Page 298]]

own emergency provision. In case of emergency, an employee subject to 
the 9 or 12-hour limitation is permitted to work an additional four 
hours in any 24-hour period, but only for a maximum of three days in any 
period of seven consecutive days. However, even in an emergency 
situation the carrier must make reasonable efforts to relieve the 
employee.

                           General Provisions

                   (applicable to all covered service)

    Commingled Service. All duty time for a railroad even though not 
otherwise subject to the Act must be included when computing total on-
duty time of an individual who performs one or more of the type of 
service covered by the Act. This is known as the principle of 
``commingled service''.
    For example, if an employee performs duty for 8 hours as a trainman 
and then is used as a trackman (not covered by the law) in the same 24-
hour period, total on-duty time is determined by adding the duty time as 
trackman to that as trainman. The law does not distinguish treatment of 
situations in which non-covered service follows, rather than precedes, 
covered service. The limitations on total hours apply on both cases. It 
should be remembered that attendance at required rules classes is duty 
time subject to the provisions on ``commingling''. Similarly, where a 
carrier compels attendance at a disciplinary proceeding, time spent in 
attendance is subject to the provisions on commingling.
    When an employee performs service covered by more than one 
restrictive provision, the most restrictive provision determines the 
total lawful on-duty time. Thus, when an employee performs duty in train 
or engine service and also as an operator, the provisions of the law 
applicable to operators apply to all on-duty and off-duty periods during 
such aggregate time. However, an employee subject to the 12 hour 
provision of section 2 of the law does not become subject to the 9 or 
12-hour provisions of section 3 merely because he receives, transmits or 
delivers orders pertaining to or affecting the movement of his train in 
the course of his duties as a trainman.
    Casualties, Unavoidable Accidents, Acts of God. Section 5(d) of the 
Act states the following: ``The provisions of this Act shall not apply 
in any case of casualty or unavoidable accident or the Act of God; nor 
where the delay was the result of a cause not known to the carrier or 
its officer or agent in charge of the employee at the time said employee 
left a terminal, and which could not have been foreseen.'' This passage 
is commonly referred to as the ``emergency provision''. Judicial 
construction of this sentence has limited the relief which it grants to 
situations which are truly unusual and exceptional. The courts have 
recognized that delays and operational difficulties are common in the 
industry and must be regarded as entirely foreseeable; otherwise, the 
Act will provide no protection whatsoever. Common operational 
difficulties which do not provide relief from the Act include, but are 
not limited to, broken draw bars, locomotive malfunctions, equipment 
failures, brake system failures, hot boxes, unexpected switching, 
doubling hills and meeting trains. Nor does the need to clear a main 
line or cut a crossing justify disregard of the limitations of the Act. 
Such contingencies must normally be anticipated and met within the 12 
hours. Even where an extraordinary event or combination of events occurs 
which, by itself, would be sufficient to permit excess service, the 
carrier must still employ due diligence to avoid or limit such excess 
service. The burden of proof rests with the carrier to establish that 
excess service could not have been avoided.
    Sleeping Quarters. Under the 1976 amendments to the Act it is 
unlawful for any common carrier to provide sleeping quarters for persons 
covered by the Hours of Service Act which do not afford such persons an 
opportunity for rest, free from interruptions caused by noise under the 
control of the railroad, in clean, safe, and sanitary quarters. Such 
sleeping quarters include crew quarters, camp or bunk cars, and 
trailers.
    Sleeping quarters are not considered to be ``free from interruptions 
caused by noise under the control of the railroad'' if noise levels 
attributable to noise sources under the control of the railroad exceed 
an L<INF>eq</INF>(8) value of 55dB(A).
    FRA recognizes that camp cars, either because of express limitations 
of local codes or by virtue of their physical mobility, cannot, for 
practical purposes, be subject to state or local housing, sanitation, 
health, electrical, or fire codes. Therefore, FRA is unable to rely upon 
state or local authorities to ensure that persons covered by the Act who 
reside in railroad-provided camp cars are afforded an opportunity for 
rest in ``clean, safe, and sanitary'' conditions. Accordingly, the 
guidelines in appendix C to this part 228 will be considered by FRA as 
factors to be used in applying the concepts of ``clean,'' ``safe,'' and 
``sanitary'' to camp cars provided by railroads for the use of employees 
covered by section 2(a)(3) of the Act. Failure to adhere to these 
guidelines might interfere with the ordinary person's ability to rest.
    Collective Bargaining. The Hours of Service Act prescribes the 
maximum permissible hours of service consistent with safety. However, 
the Act does not prohibit collective bargaining for shorter hours of 
service and time on duty.
    Penalty. As amended by the Rail Safety Improvement Act of 1988 and 
the Rail Safety Enforcement and Review Act of 1992, the

[[Page 299]]

penalty provisions of the law apply to 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, track, or facilities; any independent contractor providing 
goods or services to a railroad; and any employee of such owner, 
manufacturer, lessor, lessee, or independent contractor), except that a 
penalty may be assessed against an individual only for a willful 
violation. See appendix A to 49 CFR part 209. For violations that 
occurred on September 3, 1992, a person who violates the Act is liable 
for a civil penalty, as the Secretary of Transportation deems 
reasonable, in an amount not less than $500 nor more than $11,000, 
except that where a grossly negligent violation 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 $22,000 may be 
assessed. The Federal Civil Penalties Inflation Adjustment Act of 1990 
as amended by the Debt Collection Improvement Act of 1996 required 
agencies to increase the maximum civil monetary penalty for inflation. 
The amounts increased from $10,000 to $11,000 and from $20,000 to 
$22,000 respectively.
    Each employee who is required or permitted to be on duty for a 
longer period than prescribed by law or who does not receive a required 
period of rest represents a separate and distinct violation and subjects 
the railroad to a separate civil penalty. In the case of a violation of 
section 2(a)(3) or (a)(4) of the Act, each day a facility is in 
noncompliance constitutes a separate offense and subjects the railroad 
to a separate civil penalty.
    In compromising a civil penalty assessed under the Act, FRA takes 
into account the nature, circumstances, extent, and gravity of the 
violation committed, and, with respect to the person found to have 
committed such violation, the degree of culpability, any history of 
prior or subsequent offenses, ability to pay, effect on ability to 
continue to do business and such other matters as justice may require.
    Statute of limitations. No suit may be brought after the expiration 
of two years from the date of violation unless administrative 
notification of the violation has been provided to the person to be 
charged within that two year period. In no event may a suit be brought 
after expiration of the period specified in 28 U.S.C. 2462.
    Exemptions. A railroad which employs not more than 15 persons 
covered by the Hours of Service Act (including signalmen and hostlers) 
may be exempted from the law's requirements by the FRA after hearing and 
for good cause shown. The exemption must be supported by a finding that 
it is in the public interest and will not adversely affect safety. The 
exemption need not relate to all carrier employees. In no event may any 
employee of an exempt railroad be required or permitted to work beyond 
16 hours continuously or in the aggregate within any 24-hour period. Any 
exemption is subject to review at least annually.

[42 FR 27596, May 31, 1977, as amended at 43 FR 30804, July 18, 1978; 53 
FR 28601, July 28, 1988; 55 FR 30893, July 27, 1990; 58 FR 18165, Apr. 
8, 1993; 61 FR 20495, May 7, 1996; 63 FR 11622, Mar. 10, 1998]

         Appendix B to Part 228--Schedule of Civil Penalties \1\

------------------------------------------------------------------------
                                                               Willful
                    Section                      Violation    violation
------------------------------------------------------------------------
Subpart B--Records and Reporting:
    228.9 Railroad records....................         $500       $1,000
    228.11 Hours of duty records..............          500        1,000
    228.17 Dispatcher's record................          500        1,000
    228.19 Monthly reports of excess service..        1,000        2,000
------------------------------------------------------------------------
\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 $20,000 for any violation where circumstances warrant. See 49
  CFR part 209, appendix A.


[53 FR 52931, Dec. 29, 1988]

    Appendix C to Part 228--Guidelines for Clean, Safe, and Sanitary 
                       Railroad Provided Camp Cars

    1. Definitions applicable to these Guidelines.
    (a) Camp Cars mean trailers and on-track vehicles, including outfit, 
camp, or bunk cars or modular homes mounted on flat cars, used to house 
or accommodate railroad employees. Wreck trains are not included.
    (b) Employee means any worker whose service is covered by the Hours 
of Service Act or who is defined as an employee for purposes of section 
2(a)(3) of that Act.
    (c) Lavatory means a basin or similar vessel used primarily for 
washing of the hands, arms, face, and head.
    (d) Nonwater carriage toilet facility means a toilet facility not 
connected to a sewer.
    (e) Number of employees means the number of employees assigned to 
occupy the camp cars.
    (f) Personal service room means a room used for activities not 
directly connected with the production or service function performed by 
the carrier establishment. Such activities include, but are not limited 
to, first-aid, medical services, dressing, showering, toilet use, 
washing, and eating.
    (g) Potable water means water that meets the quality standards 
prescribed in the U.S. Public Health Service Drinking Water Standards, 
published at 42 CFR part 72, or is

[[Page 300]]

approved for drinking purposes by the State or local authority having 
jurisdiction.
    (h) Toilet facility means a fixture maintained within a toilet room 
for the purpose of defecation or urination, or both.
    (i) Toilet room means a room maintained within or on the premises 
containing toilet facilities for use by employees.
    (j) Toxic material means a material in concentration or amount of 
such toxicity as to constitute a recognized hazard that is causing or is 
likely to cause death or serious physical harm.
    (k) Urinal means a toilet facility maintained within a toilet room 
for the sole purpose of urination.
    (l) Water closet means a toilet facility maintained within a toilet 
room for the purpose of both defecation and urination and which is 
flushed with water.
    (m) Leq (8) means the equivalent steady sound level which in 8 hours 
would contain the same acoustic energy as the time-varying sound level 
during the same time period.
    2. Housekeeping.
    (a) All camp cars should be kept clean to the extent that the nature 
of the work allows.
    (b) To facilitate cleaning, every floor, working place, and 
passageway should be kept free from protruding nails, splinters, loose 
boards, and unnecessary holes and openings.
    3. Waste Disposal.
    (a) Any exterior receptacle used for putrescible solid or liquid 
waste or refuse should be so constructed that it does not leak and may 
be thoroughly cleaned and maintained in a sanitary condition. Such a 
receptacle should be equipped with a solid tight-fitting cover, unless 
it can be maintained in a sanitary condition without a cover. This 
requirement does not prohibit the use of receptacles designed to permit 
the maintenance of a sanitary condition without regard to the 
aforementioned requirements.
    (b) All sweepings, solid or liquid wastes, refuse, and garbage 
should be removed in such a manner as to avoid creating a menace to 
health and as often as necessary or appropriate to maintain a sanitary 
condition.
    4. Vermin Control.
    (a) Camp cars should be so constructed, equipped, and maintained, so 
far as reasonably practicable, as to prevent the entrance or harborage 
of rodents, insects, or other vermin. A continuing and effective 
extermination program should be instituted where their presence is 
detected.
    5. Water Supply.
    (a) Potable water. (1) Potable water should be adequately and 
conveniently provided to all employees in camp cars for drinking, 
washing of the person, cooking, washing of foods, washing of cooking or 
eating utensils, washing of food preparation or processing premises, and 
personal service rooms where such facilities are provided.
    (2) Potable drinking water dispensers should be designed, 
constructed, and serviced so that sanitary conditions are maintained, 
should be capable of being closed, and should be equipped with a tap.
    (3) Open containers such as barrels, pails, or tanks for drinking 
water from which the water must be dipped or poured, whether or not they 
are fitted with a cover, should not be used.
    (4) A common drinking cup and other common utensils should not be 
used.
    (b) The distribution lines should be capable of supplying water at 
sufficient operating pressures to all taps for normal simultaneous 
operation.
    6. Toilet facilities.
    (a) Toilet facilities. (1) Toilet facilities adequate for the number 
of employees housed in the camp car should be provided in convenient and 
safe location(s), and separate toilet rooms for each sex should be 
provided in accordance with table l of this paragraph. The number of 
facilities to be provided for each sex should be based on the number of 
employees of that sex for whom the facilities are furnished. Where 
toilet rooms will be occupied by no more than one person at a time, can 
be locked from the inside, and contain at least one water closet or 
nonwater carriage toilet facility, separate toilet rooms for each sex 
need not be provided. Where such single-occupancy rooms have more than 
one toilet facility, only one such facility in each toilet room should 
be counted for the purpose of table 1.

                                 Table 1
------------------------------------------------------------------------
                                                          Minimum No. of
                    No. of employees                          toilet
                                                          facilities \1\
------------------------------------------------------------------------
1 to 10.................................................             1
11 to 25................................................             2
26 to 49................................................             3
50 to 100...............................................             5
Over 100................................................           \2\
------------------------------------------------------------------------
\1\ Where toilet facilities will not be used by women, urinals may be
  provided instead of water closets or nonwater carriage toilet
  facilities, except that the number of water closets or facilities in
  such cases should not be reduced to less than \2/3\ of the minimum
  specified.
\2\ One additional fixture for each additional 25 employees.

    (2) When toilet facilities are provided in separate cars, toilet 
rooms should have a window space of not less than 6 square feet in area 
opening directly to the outside area or otherwise be satisfactorily 
ventilated. All outside openings should be screened with material that 
is equivalent to or better than 16-mesh. No fixture, water closet, 
nonwater carriage toilet facility or urinal should be located in a 
compartment used for other than toilet purposes.

[[Page 301]]

    (3) The sewage disposal method should not endanger the health of 
employees.
    (b) Construction of toilet rooms. (1) Each water closet should 
occupy a separate compartment with a door and walls or partitions 
between fixtures sufficiently high to assure privacy.
    (2) Nonwater carriage toilet facilities should be located within 50 
feet, but as far as practical on the same side of the track on which 
camp cars are sited.
    (3) Each toilet facility should be lighted naturally, or 
artificially by a safe type of lighting available at all hours of the 
day and night. Flashlights can be substituted by the railroad when 
nonwater carriage toilet facilities are used.
    (4) An adequate supply of toilet paper should be provided in each 
water closet, or nonwater carriage toilet facility, unless provided to 
the employees individually.
    (5) Toilet facilities should be kept in a clean and sanitary 
condition. They should be cleaned regularly when occupied. In the case 
of nonwater carriage toilet facilities, they should be cleaned and 
changed regularly.
    7. Lavatories.
    (a) Lavatories should be made available to all rail employees housed 
in camp cars.
    (b) Each lavatory should be provided with either hot and cold 
running water or tepid running water.
    (c) Unless otherwise provided by agreement, hand soap or similar 
cleansing agents should be provided.
    (d) Unless otherwise provided by agreement, individual hand towels 
or sections thereof, of cloth or paper, warm air blowers or clean 
individual sections of continuous cloth toweling, convenient to the 
lavatories, should be provided.
    (e) One lavatory basin per six employees should be provided in 
shared facilities.
    8. Showering facilities.
    (a) Showering facilities should be provided in the following ratio: 
one shower should be provided for each 10 employees of each sex, or 
numerical fraction thereof, who are required to shower during the same 
shift.
    (b) Shower floors should be constructed of non-slippery materials. 
Floor drains should be provided in all shower baths and shower rooms to 
remove waste water and facilitate cleaning. All junctions of the curbing 
and the floor should be sealed. The walls and partitions of shower rooms 
should be smooth and impervious to the height of splash.
    (c) An adequate supply of hot and cold running water should be 
provided for showering purposes. Facilities for heating water should be 
provided.
    (d) Showers. 1. Unless otherwise provided by agreement, body soap or 
other appropriate cleansing agent convenient to the showers should be 
provided.
    2. Showers should be provided with hot and cold water feeding a 
common discharge line.
    3. Unless otherwise provided by agreement, employees who use showers 
should be provided with individual clean towels.
    9. Kitchens, dining hall and feeding facilities.
    (a) In all camp cars where central dining operations are provided, 
the food handling facilities should be clean and sanitary.
    (b) When separate kitchen and dining hall cars are provided, there 
should be a closable door between the living or sleeping quarters into a 
kitchen or dining hall car.
    10. Consumption of food and beverages on the premises.
    (a) Application. This paragraph should apply only where employees 
are permitted to consume food or beverages, or both, on the premises.
    (b) Eating and drinking areas. No employee should be allowed to 
consume food or beverages in a toilet room or in any area exposed to a 
toxic material.
    (c) Sewage disposal facilities. All sewer lines and floor drains 
from camp cars should be connected to public sewers where available and 
practical, unless the cars are equipped with holding tanks that are 
emptied in a sanitary manner.
    (d) Waste disposal containers provided for the interior of camp 
cars. An adequate number of receptacles constructed of smooth, corrosion 
resistant, easily cleanable, or disposable materials, should be provided 
and used for the disposal of waste food. Receptacles should be provided 
with a solid tightfitting cover unless sanitary conditions can be 
maintained without use of a cover. The number, size and location of such 
receptacles should encourage their use and not result in overfilling. 
They should be emptied regularly and maintained in a clean and sanitary 
condition.
    (e) Sanitary storage. No food or beverages should be stored in 
toilet rooms or in an area exposed to a toxic material.
    (f) Food handling. (1) All employee food service facilities and 
operations should be carried out in accordance with sound hygienic 
principles. In all places of employment where all or part of the food 
service is provided, the food dispensed should be wholesome, free from 
spoilage, and should be processed, prepared, handled, and stored in such 
a manner as to be protected against contamination.
    (2) No person with any disease communicable through contact with 
food or food preparation items should be employed or permitted to work 
in the preparation, cooking, serving, or other handling of food, 
foodstuffs, or materials used therein, in a kitchen or dining facility 
operated in or in connection with camp cars.
    11. Lighting. Each habitable room in a camp car should be provided 
with adequate lighting.

[[Page 302]]

    12. First Aid. Adequate first aid kits should be maintained and made 
available for railway employees housed in camp cars for the emergency 
treatment of injured persons.
    13. Shelter.
    (a) Every camp car should be constructed in a manner that will 
provide protection against the elements.
    (b) All steps, entry ways, passageways and corridors providing 
normal entry to or between camp cars should be constructed of durable 
weather resistant material and properly maintained. Any broken or unsafe 
fixtures or components in need of repair should be repaired or replaced 
promptly.
    (c) Each camp car used for sleeping purposes should contain at least 
48 square feet of floor space for each occupant. At least a 7-foot 
ceiling measured at the entrance to the car should be provided.
    (d) Beds, cots, or bunks and suitable storage facilities such as 
wall lockers or space for foot lockers for clothing and personal 
articles should be provided in every room used for sleeping purposes. 
Except where partitions are provided, such beds or similar facilities 
should be spaced not closer than 36 inches laterally (except in modular 
units which cannot be spaced closer than 30 inches) and 30 inches end to 
end, and should be elevated at least 12 inches from the floor. If 
double-deck bunks are used, they should be spaced not less than 48 
inches both laterally and end to end. The minimum clear space between 
the lower and upper bunk should be not less than 27 inches. Triple-deck 
bunks should not be used.
    (e) Floors should be of smooth and tight construction and should be 
kept in good repair.
    (f) All living quarters should be provided with windows the total of 
which should be not less than 10 percent of the floor area. At least 
one-half of each window designed to be opened should be so constructed 
that it can be opened for purposes of ventilation. Durable opaque window 
coverings should be provided to reduce the entrance of light during 
sleeping hours.
    (g) All exterior openings should be effectively screened with 16-
mesh material. All screen doors should be equipped with self-closing 
devices.
    (h) In a facility where workers cook, live, and sleep, a minimum of 
90 square feet per person should be provided. Sanitary facilities should 
be provided for storing and preparing food.
    (i) In camp cars where meals are provided, adequate facilities to 
feed employees within a 60-minute period should be provided.
    (j) All heating, cooking, ventilation, air conditioning and water 
heating equipment should be installed in accordance with applicable 
local regulations governing such installations.
    (k) Every camp car should be provided with equipment capable of 
maintaining a temperature of at least 68 degrees F. during normal cold 
weather and no greater than 78 degrees F., or 20 degrees below ambient, 
whichever is warmer, during normal hot weather.
    (l) Existing camp cars may be grandfathered so as to only be subject 
to subparagraphs (c), (d), (f), (h), and (k), in accordance with the 
following as recommended maximums:

13 (c), (d), and (h)--by January 1, 1994.
13(f)--Indefinitely insofar as the ten percent (10%) requirement for 
window spacing is concerned.
13(k)--by January 1, 1992.

    14. Location. Camp cars occupied exclusively by individuals employed 
for the purpose of maintaining the right-of-way of a railroad should be 
located as far as practical from where ``switching or humping 
operations'' of ``placarded cars'' occur, as defined in 49 CFR 228.101 
(c)(3) and (c)(4), respectively. Every reasonable effort should be made 
to locate these camp cars at least one-half mile (2,640 feet) from where 
such switching or humping occurs. In the event employees housed in camp 
cars located closer than one-half mile (2,640 feet) from where such 
switching or humping of cars takes place are exposed to an unusual 
hazard at such location, the employees involved should be housed in 
other suitable accommodations. An unusual hazard means an unsafe 
condition created by an occurrence other than normal switching or 
humping.
    15. General provisions. (a) Sleeping quarters are not considered to 
be ``free of interruptions caused by noise under the control of the 
railroad'' if noise levels attributable to noise sources under the 
control of the railroad exceed an Leq (8) value of 55 dB(A), with 
windows closed and exclusive of cooling, heating, and ventilating 
equipment.
    (b) A railroad should, within 48 hours after notice of noncompliance 
with these recommendations, fix the deficient condition(s). Where 
holidays or weekends intervene, the railroad should fix the condition 
within 8 hours after the employees return to work. In the event such 
condition(s) affects the safety or health of the employees, such as 
water, cooling, heating or eating facilities, the railroad should 
provide alternative arrangements for housing and eating until the 
noncomplying condition is fixed.

[55 FR 30893, July 27, 1990]


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