---
kind: "section"
citation: "49 C.F.R. § 229.303"
title: "49"
number: "229.303"
heading: "Applicability."
url: "https://uscodex.org/cfr/49/229.303"
---

# §229.303. Applicability.

- (a) The requirements of this subpart apply to all safety-critical electronic locomotive control systems, subsystems, and components (i.e., “products” as defined in [§ 229.305](/cfr/49/229.305.md)), except for the following:
  - (1) **Products that are fully developed prior to June 8, 2012.**
  - (2) Products that are under development as of October 9, 2012, and are fully developed prior to October 9, 2017.
  - (3) Products that comingle locomotive control systems with safety critical processor based signal and train control systems;
  - (4) Products that are used during on-track testing within a test facility; and
  - (5) **Products that are used during on-track testing outside a test facility, if approved by FRA.** To obtain FRA approval of on-track testing outside of a test facility, a railroad shall submit a request to FRA that provides:
    - (i) Adequate information regarding the function and history of the product that it intends to use;
    - (ii) The proposed tests;
    - (iii) The date, time and location of the tests; and
    - (iv) The potential safety consequences that will result from operating the product for purposes of testing.
- (b) Railroads and vendors shall identify all products identified in [paragraph (a)(2)](#a-2) of this section to FRA by February 9, 2013.
- (c) The exceptions provided in [paragraph (a)](#a) of this section do not apply to products or product changes that result in degradation of safety, or a material increase in safety-critical functionality.

## Notes

### Amendments

[77 FR 21348, Apr. 9, 2012, as amended at 77 FR 75057, Dec. 19, 2012]

### Source

Source: 77 FR 21348, Apr. 9, 2012, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 20103, 20107, 20133, 20137-38, 20143, 20168, 20701-03, 21301-02, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 45 FR 21109, Mar. 31, 1980, unless otherwise noted.

### Amendments

[77 FR 21348, Apr. 9, 2012, as amended at 77 FR 75057, Dec. 19, 2012]