---
kind: "section"
citation: "49 C.F.R. § 227.201"
title: "49"
number: "227.201"
heading: "Criteria for requiring availability of EEBAs in the locomotive cab."
url: "https://uscodex.org/cfr/49/227.201"
---

# §227.201. Criteria for requiring availability of EEBAs in the locomotive cab.

- (a) **In general.**
  - (1)
    - (i) Except as specified in [paragraph (b)](#b) of this section, a railroad is required to provide an EEBA to each of the following of its employees while the employee is located in the cab of a locomotive of an in-service freight train transporting a PIH material, including a residue of a PIH material:
      - (A) Any train employee;
      - (B) Any direct supervisor of the train employee;
      - (C) Any employee who is deadheading; and
      - (D) **Any other employee designated by the railroad in writing and at the discretion of the railroad.**
    - (ii) Each EEBA provided to an employee identified in [paragraph (a)(1)(i)](#a-1-i) of this section must meet the EEBA-selection criteria of [§ 227.203](/cfr/49/227.203.md) and must have been inspected and be in working order pursuant to the requirements of [§ 227.207](/cfr/49/227.207.md) at the time that the EEBA is provided to the employee.
  - (2) Except as specified in [paragraph (b)](#b) of this section, a railroad shall not use a locomotive to transport a PIH material, including a residue of a PIH material, in an in-service freight train unless each of the employees identified in [paragraph (a)(1)(i)](#a-1-i) of this section while occupying a locomotive cab of the train has access to an EEBA that satisfies the EEBA selection criteria in [§ 227.203](/cfr/49/227.203.md) and that has been inspected and is in working order pursuant to the requirements in [§ 227.207](/cfr/49/227.207.md).
- (b) **Exceptions.**
  - (1) A railroad is not required to provide an EEBA, or make accessible an EEBA, to an employee while in the locomotive cab of an in-service freight train transporting a PIH material if all of the PIH materials in the train, including a residue of a PIH material, are being transported in one or more intermodal containers.
  - (2) **This subpart does not apply to any of the following—**
    - (i) Employees who are moving a locomotive or group of locomotives coupled to a car or group of cars transporting a PIH material, including a residue of a PIH material, only within the confines of a locomotive repair or servicing area.
    - (ii) Employees who are moving a locomotive or group of locomotives coupled to a car or group of cars transporting a PIH material, including a residue of a PIH material for distances of less than 100 feet for inspection or maintenance purposes.
- (c) **Employee misconduct.** Notwithstanding any exceptions identified in this subpart, any employee who willfully tampers with or vandalizes an EEBA shall be subject to this subpart for purposes of enforcement relating to [§ 227.213](/cfr/49/227.213.md).

## Notes

### Source

Source: 89 FR 5132, Jan. 26, 2024, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 20103, 20103 note, 20166, 20701-20703, 21301, 21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 71 FR 63123, Oct. 27, 2006, unless otherwise noted.