49 C.F.R. §§ 214.319–214.337

§214.319. Working limits, generally.

49 C.F.R. § 214.319

Working limits established on controlled track shall conform to the provisions of § 214.321 Exclusive track occupancy, § 214.323 Foul time, or § 214.325 Train coordination. Working limits established on non-controlled track shall conform to the provision of § 214.327 Inaccessible track.

(a)

Working limits established under any procedure shall, in addition, conform to the following provisions:

(1)

Only a roadway worker in charge who is qualified in accordance with § 214.353 shall establish or have control over working limits for the purpose of establishing on-track safety.

(2)

Only one roadway worker in charge who is qualified in accordance with § 214.353 shall have control over working limits on any one segment of track.

(3)

All affected roadway workers shall be notified before working limits are released for the operation of trains. Working limits shall not be released until all affected roadway workers have either left the track or have been afforded on-track safety through train approach warning in accordance with § 214.329.

(b)

Each Class I or Class II railroad or each railroad providing regularly scheduled intercity or commuter rail passenger transportation that utilizes controlled track working limits as a form of on-track safety (under §§ 214.321 through 214.323) in signalized territory shall:

(1)

By July 1, 2017, evaluate its on-track safety program and identify an appropriate method(s) of providing redundant signal protections for roadway work groups who depend on a train dispatcher or control operator to provide signal protection in establishing controlled track working limits. For purposes of this section, redundant signal protections means risk mitigation measures or safety redundancies adopted to ensure the proper establishment and maintenance of signal protections for controlled track working limits until such working limits are released by the roadway worker in charge. Appropriate redundant protections could include the use of various risk mitigation measures (or a combination of risk mitigation measures) such as technology, training, supervision, or operating-based procedures; or could include use of redundant signal protection, such as shunting, designed to prevent signal system-related incursions into established controlled track working limits; and

(2)

By January 1, 2018, specifically identify, implement, and comply with the method(s) of providing redundant protections in its on-track safety program.

(c)

Upon a railroad's request, FRA will consider an exemption from the requirements of paragraph (b) of this section for each segment of track(s) for which operations are governed by a positive train control system under part 236, subpart I, of this chapter. A request for approval to exempt a segment of track must be submitted in writing to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer. The FRA Associate Administrator for Railroad Safety and Chief Safety Officer will review a railroad's submission and will notify a railroad of its approval or disapproval in writing within 90 days of FRA's receipt of a railroad's written request, and shall specify the basis for any disapproval decision.

Notes, amendments, and revision history

Amendments

[81 FR 37886, June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[81 FR 37886, June 10, 2016]

§214.320. Roadway maintenance machine movements over signalized non-controlled track.

49 C.F.R. § 214.320

Working limits must be established for roadway maintenance machine movements on non-controlled track equipped with automatic block signal systems over which trains are permitted to exceed restricted speed (for purposes of this section, on-track movements prepared to stop within on-half the range of vision but not exceeding 25 mph). This section applies unless the railroad's operating rules protect the movements of roadway maintenance machines in a manner equivalent to that provided for by limiting all train and locomotive movements to restricted speed, and such equivalent level of protection is first approved in writing by FRA's Associate Administrator for Railroad Safety and Chief Safety Officer.

Notes, amendments, and revision history

Amendments

[81 FR 37887, June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[81 FR 37887, June 10, 2016]

§214.321. Exclusive track occupancy.

49 C.F.R. § 214.321

Working limits established on controlled track through the use of exclusive track occupancy procedures shall comply with the following requirements:

(a)

The track within working limits shall be placed under the control of one roadway worker in charge by either:

(1)

Authority issued to the roadway worker in charge by the train dispatcher or control operator who controls train movements on that track,

(2)

Flagmen stationed at each entrance to the track within working limits and instructed by the roadway worker in charge to permit the movement of trains and equipment into the working limits only as permitted by the roadway worker in charge, or

(3)

The roadway worker in charge causing fixed signals at each entrance to the working limits to display an aspect indicating “Stop.”

(b)

An authority for exclusive track occupancy given to the roadway worker in charge of the working limits shall be transmitted on a written or printed document directly, by relay through a designated employee, in a data transmission, or by oral communication, to the roadway worker in charge by the train dispatcher or control operator in charge of the track.

(1)

Where authority for exclusive track occupancy is transmitted orally, the authority shall be written as received by the roadway worker in charge and repeated to the issuing employee for verification.

(2)

The roadway worker in charge of the working limits shall maintain possession of the written or printed authority for exclusive track occupancy while the authority for the working limits is in effect. A data transmission of an authority displayed on an electronic screen may be used as a substitute for a written or printed document required under this paragraph. Electronic displays of authority shall comply with the requirements of § 214.322.

(3)

The train dispatcher or control operator in charge of the track shall make a written or electronic record of all authorities issued to establish exclusive track occupancy.

(4)

An authority shall specify a unique roadway work group number, an employee name, or a unique identifier. A railroad shall adopt procedures that require precise communication between trains and other on-track equipment and the roadway worker in charge or lone worker controlling the working limits in accordance with § 214.319. The procedures may permit communications to be made directly between a train or other on-track equipment and a roadway worker in charge or lone worker, or through a train dispatcher or control operator.

(c)

The extent of working limits established through exclusive track occupancy shall be defined by one of the following physical features clearly identifiable to a locomotive engineer or other person operating a train or railroad equipment:

(1)

A flagman with instructions and capability to hold all trains and equipment clear of the working limits;

(2)

A fixed signal that displays an aspect indicating “Stop”;

(3)

A station shown in the time-table, and identified by name with a sign, beyond which train movement is prohibited by train movement authority or the provisions of a direct train control system.

(4)

A clearly identifiable milepost sign beyond which train movement is prohibited by train movement authority or the provisions of a direct train control system; or

(5)

A clearly identifiable physical location prescribed by the operating rules of the railroad that trains may not pass without proper authority.

(d)

Movements of trains and roadway maintenance machines within working limits established through exclusive track occupancy shall be made only under the direction of the roadway worker in charge of the working limits. Such movements shall be at restricted speed unless a higher authorized speed has been specifically authorized by the roadway worker in charge of the working limits.

(e)

Working limits established by exclusive track occupancy authority may occur behind designated trains moving through the same limits in accordance with the following provisions:

(1)

The authority establishing working limits will only be considered to be in effect after it is confirmed by the roadway worker in charge or lone worker that the affected train(s) have passed the point to be occupied or fouled by:

(i)

Visually identifying the affected trains(s); or

(ii)

Direct radio contact with a crew member of the affected train(s); or

(iii)

Receiving information about the affected train from the train dispatcher or control operator.

(2)

When utilizing the provisions of paragraph (e)(1)(i) of this section, a railroad's operating rules shall include procedures prohibiting the affected train(s) from making a reverse movement into or within the limits being fouled or occupied.

(3)

After the roadway worker in charge or lone worker has confirmed that the affected trains(s) have passed the point to be occupied or fouled, the roadway worker in charge shall record on the authority the time of passage and engine number(s) of the affected trains(s). If the confirmation is by direct communication with the train(s), or through confirmation by the train dispatcher or control operator, the roadway worker in charge shall record the time of such confirmation and the engine number(s) of the affected trains on the authority.

(4)

A separate roadway work group afforded on-track safety by the roadway worker in charge of authority limits, and that is located away from the roadway worker in charge of authority limits, shall:

(i)

Occupy or foul the track only after receiving permission from the roadway worker in charge to occupy the working limits after the roadway worker charge has fulfilled the provisions of paragraph (e)(1) of this section; and

(ii)

Be accompanied by an employee qualified to the level of a roadway worker in charge who shall also have a copy of the authority and who shall independently execute the required communication requirements of paragraphs (e)(1) and (3) of this section.

(5)

Any subsequent train or on-track equipment movements within working limits after the passage of the affected train(s) shall be governed by paragraph (d) of this section.

Notes, amendments, and revision history

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37887 June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37887 June 10, 2016]

§214.322. Exclusive track occupancy, electronic display.

49 C.F.R. § 214.322

(a)

While it is in effect, all the contents of an authority electronically displayed shall be readily viewable by the roadway worker in charge that is using the authority to provide on-track safety for a roadway work group.

(b)

If the electronic display device malfunctions, fails, or cannot display an authority while it is in effect, the roadway worker in charge shall either obtain a written or printed copy of the authority in accordance with § 214.321 (except that on-track roadway maintenance machine and hi-rail movements must stop) or establish another form of on-track safety without delay. In the event that a written or printed copy of the authority cannot be obtained or another form of on-track safety cannot be established after failure of an electronic display device, the roadway worker in charge shall instruct all roadway workers to stop work and occupy a place of safety and conduct an on-track safety job briefing to determine the safe course of action with the roadway work group.

(c)

All authorized users of an electronic display system shall be uniquely identified to support individual accountability. A user may be a person, a process, or some other system that accesses or attempts to access an electronic display system to perform tasks or process an authority.

(d)

All authorized users of an electronic display system must be authenticated prior to being granted access to such system. The system shall ensure the confidentiality and integrity of all internally stored authentication data and protect it from access by unauthorized users. The authentication scheme shall utilize algorithms approved by the National Institute of Standards and Technology (NIST), or any similarly recognized and FRA approved standards body.

(e)

The integrity of all data must be ensured during transmission/reception, processing, and storage. All new electronic display systems implemented on or after July 1, 2017 shall utilize a Message Authentication Code (MAC) to ensure that all data is error free. The MAC shall utilize algorithms approved by NIST, or any similarly recognized and FRA approved standards body. Systems implemented prior to July 1, 2017 may utilize a Cyclical Redundancy Code (CRC) to ensure that all data is error free provided:

(1)

The collision rate for the CRC check utilized shall be less than or equal to 1 in 2 32. Systems implemented prior to July 1, 2017 that do not utilize a CRC with a collision rate less than or equal to 1 in 2 32 must be retired or updated to utilize a MAC no later than July 1, 2018.

(2)

MAC and CRC checks shall only be used to verify the accuracy of an electronic authority data message and shall not be used in an error correction reconstruction of the data. An authority must fail if the MAC or CRC checks do not match.

(f)

Authorities transmitted to each electronic display device shall be retained in the device's non-volatile memory for not less than 72 hours.

(g)

If any electronic display device used to obtain an authority is involved in an accident/incident that is required to be reported to FRA under part 225 of this chapter, the railroad or employer that was using the device at the time of the accident shall, to the extent possible, and to the extent consistent with the safety of life and property, preserve the data recorded by each such device for analysis by FRA. This preservation requirement permits the railroad or employer to extract and analyze such data, provided the original downloaded data file, or an unanalyzed exact copy of it, shall be retained in secure custody and shall not be utilized for analysis or any other purpose except by direction of FRA or the National Transportation Safety Board. This preservation requirement shall expire one (1) year after the date of the accident unless FRA or the National Transportation Safety Board notifies the railroad in writing that the data are desired for analysis.

(h)

New electronic display systems implemented on or after July 1, 2017 shall provide Level 3 assurance as defined by NIST Special Publication 800-63-2, Electronic Authentication Guideline, “Computer Security,” August 2013. Systems implemented prior to July 1, 2017 shall provide Level 2 assurance. Systems implemented prior to July 1, 2017 that do not provide Level 2 or higher assurance must be retired, or updated to provide Level 2 assurance, no later than July 1, 2018. The incorporation by reference of this NIST Special Publication was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the incorporated document from the National Institute of Standards and Technology, 100 Bureau Drive, Stop 8930, Gaithersburg, MD 20899-8930, http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-63-2.pdf. You may inspect a copy of the document at the Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue SE., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(i)

For purposes of complying with paragraph (h) of this section, electronic display systems may use multi-factor authentication for digital authentication of the subject.

Notes, amendments, and revision history

Amendments

[81 FR 37888, June 10, 2016, as amended at 87 FR 15143, Mar. 17, 2022]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[81 FR 37888, June 10, 2016, as amended at 87 FR 15143, Mar. 17, 2022]

§214.323. Foul time.

49 C.F.R. § 214.323

Working limits established on controlled track through the use of foul time procedures shall comply with the following requirements:

(a)

Foul time may be given orally or in writing by the train dispatcher or control operator only after that employee has withheld the authority of all trains or other on-track equipment to move into or within the working limits during the foul time period.

(b)

Each roadway worker in charge to whom foul time is transmitted orally shall repeat the track number or identifier, track limits and time limits of the foul time to the issuing employee for verification before the foul time becomes effective.

(c)

The train dispatcher or control operator shall not permit the movement of trains or other on-track equipment into working limits protected by foul time until the roadway worker in charge who obtained the foul time has reported clear of the track.

(d)

The roadway worker in charge shall not permit the movement of trains or other on-track equipment into or within working limits protected by foul time.

Notes, amendments, and revision history

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37888, June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37888, June 10, 2016]

§214.325. Train coordination.

49 C.F.R. § 214.325

Working limits established on controlled track by a roadway worker in charge through the use of train coordination shall comply with the following requirements:

(a)

Working limits established by train coordination shall be within the segments of track or tracks upon which only one train holds exclusive authority to move.

(b)

The roadway worker who establishes working limits by train coordination shall communicate with a member of the crew of the train holding the exclusive authority to move, and shall determine that:

(1)

The train is visible to the roadway worker who is establishing the working limits,

(2)

The train is stopped,

(3)

Further movements of the train will be made only as permitted by the roadway worker in charge of the working limits while the working limits remain in effect, and

(4)

The crew of the train will not give up its exclusive authority to move until the working limits have been released to the train crew by the roadway worker in charge of the working limits.

Notes, amendments, and revision history

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37888, June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37888, June 10, 2016]

§214.327. Inaccessible track.

49 C.F.R. § 214.327

(a)

Working limits on non-controlled track shall be established by rendering the track within working limits physically inaccessible to trains at each possible point of entry by one of the following features:

(1)

A flagman with instructions and capability to hold all trains and equipment clear of the working limits;

(2)

A switch or derail aligned to prevent access to the working limits and secured with an effective securing device by the roadway worker in charge of the working limits;

(3)

A discontinuity in the rail that precludes passage of trains or engines into the working limits;

(4)

Working limits on controlled track that connects directly with the inaccessible track, established by the roadway worker in charge of the working limits on the inaccessible track; or

(5)

A remotely controlled switch aligned to prevent access to the working limits and secured by the control operator of such remotely controlled switch by application of a locking or blocking device to the control of that switch, when:

(i)

The control operator has secured the remotely controlled switch by applying a locking or blocking device to the control of the switch, and

(ii)

The control operator has notified the roadway worker who has established the working limits that the requested protection has been provided, and

(iii)

The control operator is not permitted to remove the locking or blocking device from the control of the switch until receiving permission to do so from the roadway worker who established the working limits.

(6)

A locomotive with or without cars placed to prevent access to the working limits at one or more points of entry to the working limits, provided the following conditions are met:

(i)

The roadway worker in charge who is responsible for establishing working limits communicates with a member of the crew assigned to the locomotive and determines that:

(A)

The locomotive is visible to the roadway worker in charge that is establishing the working limits; and

(B)

The locomotive is stopped.

(ii)

Further movements of the locomotive shall be made only as permitted by the roadway worker in charge controlling the working limits;

(iii)

The crew of the locomotive shall not leave the locomotive unattended or go off duty unless communication occurs with the roadway worker in charge and an alternate means of on-track safety protection has been established by the roadway worker in charge; and

(iv)

Cars coupled to the locomotive on the same end and on the same track as the roadway workers shall be connected to the train line air brake system and such system shall be charged with compressed air to initiate an emergency brake application in case of unintended uncoupling. Cars coupled to the locomotive on the same track on the opposite end of the roadway workers shall have sufficient braking capability to control their movement.

(7)

A railroad's procedure governing block register territory that prevents trains and other on-track equipment from occupying the track when the territory is under the control of a lone worker or roadway worker in charge. The roadway worker in charge or lone worker shall have the absolute right to render block register territory inaccessible under the other provisions of paragraph (a) of this section.

(8)

Railroad operating rules that prohibit train or engine or other on-track equipment movements on a main track within yard limits or restricted limits until the train or engine or on-track equipment receives notification of any working limits in effect and prohibit the train or engine or on-track equipment from entering working limits until permission is received by the roadway worker in charge. Such working limits shall be delineated with stop signs (flags), and where speeds are in excess of restricted speed and physical characteristics permit, also with advance signs (flags).

(b)

Trains and roadway maintenance machines within working limits established by means of inaccessible track shall move only under the direction of the roadway worker in charge of the working limits, and shall move at restricted speed.

(c)

No operable locomotives or other items of on-track equipment, except those present or moving under the direction of the roadway worker in charge of the working limits, shall be located within working limits established by means of inaccessible track.

Notes, amendments, and revision history

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37888, June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37888, June 10, 2016]

§214.329. Train approach warning provided by watchmen/lookouts.

49 C.F.R. § 214.329

Roadway workers in a roadway work group who foul any track outside of working limits shall be given warning of approaching trains by one or more watchmen/lookouts in accordance with the following provisions:

(a)

Train approach warning shall be given in sufficient time to enable each roadway worker to move to and occupy a previously arranged place of safety not less than 15 seconds before a train moving at the maximum authorized speed on that track can pass the location of the roadway worker. The place of safety to be occupied upon the approach of a train may not be on a track, unless working limits are established on that track.

(b)

Watchmen/lookouts assigned to provide train approach warning shall devote full attention to detecting the approach of trains and communicating a warning thereof, and shall not be assigned any other duties while functioning as watchmen/lookouts.

(c)

The means used by a watchman/lookout to communicate a train approach warning shall be distinctive and shall clearly signify to all recipients of the warning that a train or other on-track equipment is approaching.

(d)

Every roadway worker who depends upon train approach warning for on-track safety shall maintain a position that will enable him or her to receive a train approach warning communicated by a watchman/lookout at any time while on-track safety is provided by train approach warning.

(e)

Watchmen/lookouts shall communicate train approach warnings by a means that does not require a warned employee to be looking in any particular direction at the time of the warning, and that can be detected by the warned employee regardless of noise or distraction of work.

(f)

Every roadway worker who is assigned the duties of a watchman/lookout shall first be trained, qualified and designated in writing by the employer to do so in accordance with the provisions of § 214.349.

(g)

Every watchman/lookout shall be provided by the employer with the equipment necessary for compliance with the on-track safety duties which the watchman/lookout will perform.

Notes, amendments, and revision history

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016]

§214.331. Definite train location.

49 C.F.R. § 214.331

A roadway worker may establish on-track safety by using definite train location only where permitted by and in accordance with the following provisions:

(a)

A Class I railroad or a commuter railroad may only use definite train location to establish on-track safety at points where such procedures were in use on January 15, 1997.

(b)

Each Class I or commuter railroad shall include in its on-track safety program for approval by FRA in accordance with § 214.307 of this part a schedule for phase-out of the use of definite train location to establish on-track safety.

(c)

A railroad other than a Class I or commuter railroad may use definite train location to establish on-track safety on subdivisions only where:

(1)

Such procedures were in use on January 15, 1997, or

(2)

The number of trains operated on the subdivision does not exceed—

(i)

Three during any nine-hour period in which roadway workers are on duty, and

(ii)

Four during any twelve-hour period in which roadway workers are on duty.

(d)

Definite train location shall only be used to establish on-track safety according to the following provisions:

(1)

Definite train location information shall be issued only by the one train dispatcher who is designated to authorize train movements over the track for which the information is provided.

(2)

A definite train location list shall indicate all trains to be operated on the track for which the list is provided, during the time for which the list is effective.

(3)

Trains not shown on the definite train location list shall not be operated on the track for which the list is provided, during the time for which the list is effective, until each roadway worker to whom the list has been issued has been notified of the train movement, has acknowledged the notification to the train dispatcher, and has canceled the list. A list thus canceled shall then be invalid for on-track safety.

(4)

Definite train location shall not be used to establish on-track safety within the limits of a manual interlocking, or on track over which train movements are governed by a Traffic Control System or by a Manual Block System.

(5)

Roadway workers using definite train location for on-track safety shall not foul a track within ten minutes before the earliest time that a train is due to depart the last station at which time is shown in approach to the roadway worker's location nor until that train has passed the location of the roadway worker.

(6)

A railroad shall not permit a train to depart a location designated in a definite train location list before the time shown therein.

(7)

Each roadway worker who uses definite train location to establish on-track safety must be qualified on the relevant physical characteristics of the territory for which the train location information is provided.

(e)

Each on-track safety program that provides for the use of definite train location shall discontinue such use by June 12, 2017.

Notes, amendments, and revision history

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016]

§214.333. Informational line-ups of trains.

49 C.F.R. § 214.333

(a)

A railroad is permitted to include informational line-ups of trains in its on-track safety program for use only on subdivisions of that railroad upon which such procedure was in effect on March 14, 1996.

(b)

Each procedure for the use of informational line-ups of trains found in an on-track safety program shall include all provisions necessary to protect roadway workers using the procedure against being struck by trains or other on-track equipment.

(c)

Each on-track safety program that provides for the use of informational line-ups shall discontinue such use by June 12, 2017.

Notes, amendments, and revision history

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016]

§214.335. On-track safety procedures for roadway work groups, general.

49 C.F.R. § 214.335

(a)

No employer subject to the provisions of this part shall require or permit a roadway worker who is a member of a roadway work group to foul a track unless on-track safety is provided by either working limits, train approach warning, or definite train location in accordance with the applicable provisions of § 214.319, § 214.321, § 214.323, § 214.325, § 214.327, § 214.329, § 214.331, or § 214.336.

(b)

No roadway worker who is a member of a roadway work group shall foul a track without having been informed by the roadway worker in charge of the roadway work group that on-track safety is provided.

Notes, amendments, and revision history

Amendments

[81 FR 37889, June 12, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[81 FR 37889, June 12, 2016]

§214.336. On-track safety procedures for certain roadway work groups and adjacent tracks.

49 C.F.R. § 214.336

(a)

Procedures; general.

(1)

General rule. Except as provided in paragraph (e) of this section, on-track safety is required for each adjacent controlled track when a roadway work group with at least one of the roadway workers on the ground is engaged in a common task with on-track, self-propelled equipment or coupled equipment on an occupied track. The required on-track safety shall be established through § 214.319 (Working limits, generally) or § 214.329 (Train approach warning provided by watchmen/lookouts) and as more specifically described in this section.

(2)

Special circumstance arising in territories with at least three tracks, if an occupied track is between two adjacent controlled tracks. If an occupied track has two adjacent controlled tracks, and one of these adjacent controlled tracks has one or more train or other on-track equipment movements authorized or permitted at a speed of 25 mph or less (or 40 mph or less for one or more passenger train or other passenger on-track equipment movements), and the other adjacent controlled track has one or more concurrent train or other on-track equipment movements authorized or permitted at a speed over 25 mph (or over 40 mph for one or more passenger train or other passenger on-track equipment movements), the more restrictive procedures in paragraph (b) of this section apply.

(3)

Definitions. As used in this section—

Adjacent controlled track means a controlled track whose track center is spaced 19 feet or less from the track center of the occupied track.

Adjacent track means a controlled or non-controlled track whose track center is spaced less than 25 feet from the track center of the occupied track.

Inter-track barrier means a continuous barrier of a permanent or semi-permanent nature that spans the entire work area, that is at least four feet in height, and that is of sufficient strength to prevent a roadway worker from fouling the adjacent track.

Minor correction means one or more repairs of a minor nature, including, but not limited to, welding, spiking, anchoring, hand tamping, and joint bolt replacement, that are accomplished with hand tools or handheld, hand-supported, or hand-guided power tools. The term does not include machine spiking, machine tamping, or any similarly distracting repair.

Occupied track means a track on which on-track, self-propelled equipment or coupled equipment is authorized or permitted to be located while engaged in a common task with a roadway work group with at least one of the roadway workers on the ground.

(b)

Procedures for adjacent-controlled-track movements over 25 mph (or over 40 mph if passenger movements). If a train or other on-track equipment is authorized to move on an adjacent controlled track at a speed greater than 25 mph, or at a speed greater than 40 mph for a passenger train or other passenger on-track equipment movement, each roadway worker in the roadway work group that is affected by such movement must comply with the following procedures:

(1)

Ceasing work and occupying a predetermined place of safety. Except for the work activities as described in paragraph (e) of this section, each affected roadway worker shall, as described in Table 1 of this section, cease all on-ground work and equipment movement that is being performed on or between the rails of the occupied track or on one or both sides of the occupied track, and occupy a predetermined place of safety upon receiving either a watchman/lookout warning or, alternatively, a notification that the roadway worker in charge intends to permit one or more train or other on-track equipment movements through the working limits on the adjacent controlled track.

(2)

Resuming work.

(i)

An affected roadway worker may resume on-ground work and equipment movement (on or between the rails of the occupied track or on one or both sides of the occupied track as described in Table 1 of this section) only after the trailing-end of all trains or other on-track equipment moving on the adjacent controlled track (for which a warning or notification has been received in accordance with paragraph (b)(1) of this section) has passed and remains ahead of that roadway worker.

(ii)

If the train or other on-track equipment stops before its trailing-end has passed all of the affected roadway workers in the roadway work group, the work to be performed (on or between the rails of the occupied track or on one or both sides of the occupied track as described in Table 1 of this section) ahead of the trailing-end of the train or other on-track equipment on the adjacent controlled track may resume only—

(A)

If on-track safety through train approach warning (§ 214.329) has been established on the adjacent controlled track; or

(B)

After the roadway worker in charge has communicated with a member of the train crew or the on-track equipment operator and established that further movements of such train or other on-track equipment shall be made only as permitted by the roadway worker in charge.

(c)

Procedures for adjacent-controlled-track movements 25 mph or less (or 40 mph or less if passenger movements). If a train or other on-track equipment is authorized or permitted to move on an adjacent controlled track at a speed of 25 mph or less, or at a speed of 40 mph or less for a passenger train or other passenger on-track equipment movement, each roadway worker in the roadway work group that is affected by such movement must comply with the procedures listed in paragraph (b) of this section, except that equipment movement on the rails of the occupied track and on-ground work performed exclusively between the rails (i.e., not breaking the plane of the rails) of the occupied track may continue, provided that no on-ground work is performed within the areas 25 feet in front of and 25 feet behind any on-track, self-propelled equipment or coupled equipment permitted to move on the occupied track.

(d)

Discretion of roadway worker in charge. Nothing in this subpart prohibits the roadway worker in charge from establishing on-track safety on one or more adjacent tracks as he or she deems necessary consistent with both the purpose and requirements of this subpart.

(e)

Exceptions to certain requirements for adjacent-controlled-track on-track safety. No on-track safety (other than that required by paragraph (f) of this section or provided under paragraph (d) of this section) is required by paragraphs (a) through (c) of this section for an adjacent controlled track during the times that the roadway work group is exclusively performing one or more of the following work activities:

(1)

On-ground work performed on a side of the occupied track meeting specified condition(s). A roadway work group with all of its on-ground roadway workers (other than those performing work in accordance with another exception in paragraph (e) of this section) performing work while exclusively positioned on a side of the occupied track as follows and as further specified in Table 1 of this section:

(i)

The side with no adjacent track;

(ii)

The side with one or more adjacent tracks, the closest of which has working limits on it and no movements permitted within such working limits by the roadway worker in charge; or

(iii)

The side with one or more adjacent tracks, provided that that it has an inter-track barrier between the occupied track and the closest adjacent track on that side.

(2)

Maintenance or repairs performed either alongside, or within the perimeter of, a roadway maintenance machine or coupled equipment on the occupied track.

(i)

One or more roadway workers performing maintenance or repairs alongside a roadway maintenance machine or coupled equipment, provided that such machine or equipment would effectively prevent the worker from fouling the adjacent controlled track on the other side of such equipment, and that such maintenance or repairs are performed while positioned on a side of the occupied track as described in paragraph (e)(1)(i), (ii), or (iii) and Table 1 of this section.

(ii)

One or more roadway workers on or under a roadway maintenance machine or coupled equipment performing maintenance or repairs within the perimeter of the machine or equipment, provided that no part of their person breaks the plane of the rail of the occupied track except when toward one of the sides of the occupied track as described in paragraph (e)(1)(i), (ii), or (iii) and Table 1 of this section. A boom or other equipment extending beyond the body of a roadway maintenance machine or coupled equipment toward an adjacent controlled track is not considered to be within the perimeter of the machine or coupled equipment.

(3)

Work activities involving certain equipment and purposes. One or more on-ground roadway workers engaged in a common task on an occupied track with on-track, self-propelled equipment or coupled equipment consisting exclusively of one or more of the types of equipment described in paragraphs (e)(3)(i) through (iii) of this section. If such a roadway work group (“excepted group”) is authorized or permitted to operate on the same occupied track and within the working limits of a separate roadway work group performing work that is subject to the requirements of this section (“non-excepted group”) or vice versa (i.e., a non-excepted group is authorized or permitted to operate on the same occupied track and within the working limits of an excepted group), the groups must conduct an on-track safety job briefing to determine if adjacent-controlled-track on-track safety is necessary for the excepted group. Such determination shall be made by the roadway worker in charge of the working limits; however, if the groups are in such proximity where the ability of the roadway workers in the excepted group to hear or see approaching trains and other on-track equipment is impaired by background noise, lights, sight obstructions or any other physical conditions caused by the equipment, then this exception does not apply, and adjacent-controlled-track on-track safety must be provided to both groups. This exception otherwise applies to work activities involving one or more of the following types of equipment:

(i)

A hi-rail vehicle or other rail-bound vehicle (other than a catenary maintenance tower vehicle) being used for inspection or minor correction purposes, provided that such vehicle is not coupled to one or more railroad cars. In accordance with § 214.315(a), where multiple hi-rail or rail-bound vehicles being used for inspection or minor correction are engaged in a common task, the on-track safety job briefing shall include discussion of the nature of the work to be performed to determine if adjacent-controlled-track on-track safety is necessary.

(ii)

An automated inspection car being used for inspection or minor correction purposes.

(iii)

A catenary maintenance tower car or vehicle, provided that all of the on-ground workers engaged in the common task (other than those performing work in accordance with another exception in paragraph (e) of this section) are positioned within the gage of the occupied track for the sole purpose of applying or removing grounds.

(f)

Procedures for components of roadway maintenance machines fouling an adjacent controlled track. Except as provided for in § 214.341(c), a component of a roadway maintenance machine shall not foul an adjacent controlled track unless working limits have been established on the adjacent-controlled-track and there are no movements permitted within the working limits by the roadway worker in charge that would affect any of the roadway workers engaged in a common task with such machine.

Notes, amendments, and revision history

Amendments

[76 FR 74615, Nov. 30, 2011, as amended at 79 FR 1766, Jan. 10, 2014]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[76 FR 74615, Nov. 30, 2011, as amended at 79 FR 1766, Jan. 10, 2014]

§214.337. On-track safety procedures for lone workers.

49 C.F.R. § 214.337

(a)

A lone worker who fouls a track while performing routine inspection or minor correction may use individual train detection to establish on-track safety only where permitted by this section and the on-track safety program of the railroad.

(b)

A lone worker retains an absolute right to use on-track safety procedures other than individual train detection if he or she deems it necessary, and to occupy a place of safety until such other form of on-track safety can be established.

(c)

Individual train detection may be used to establish on-track safety only:

(1)

By a lone worker who has been trained, qualified, and designated to do so by the employer in accordance with § 214.347 of this subpart;

(2)

While performing routine inspection and minor correction work;

(3)

On track outside the limits of a manual interlocking, a controlled point (except those consisting of signals only), or a remotely controlled hump yard facility;

(4)

Where the lone worker is able to visually detect the approach of a train moving at the maximum speed authorized on that track, and move to a previously determined place of safety, not less than 15 seconds before the train would arrive at the location of the lone worker;

(5)

Where no power-operated tools or roadway maintenance machines are in use within the hearing of the lone worker; and

(6)

Where the ability of the lone worker to hear and see approaching trains and other on-track equipment is not impaired by background noise, lights, precipitation, fog, passing trains, or any other physical conditions.

(d)

The place of safety to be occupied by a lone worker upon the approach of a train may not be on a track, unless working limits are established on that track.

(e)

A lone worker using individual train detection for on-track safety while fouling a track may not occupy a position or engage in any activity that would interfere with that worker's ability to maintain a vigilant lookout for, and detect the approach of, a train moving in either direction as prescribed in this section.

(f)

A lone worker who uses individual train detection to establish on-track safety shall first complete a written Statement of On-track Safety. The Statement shall designate the limits of the track for which it is prepared and the date and time for which it is valid. The statement shall show the maximum authorized speed of trains within the limits for which it is prepared, and the sight distance that provides the required warning of approaching trains. The lone worker using individual train detection to establish on-track safety shall produce the Statement of On-track Safety when requested by a representative of the Federal Railroad Administrator.

(g)

Individual train detection shall not be used to provide on-track safety for a lone worker using a roadway maintenance machine, equipment, or material that cannot be readily removed by hand.

Notes, amendments, and revision history

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016]

Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016]