Regulatory Info
Federal Railroad Administration
The Federal Railroad Administration recently implemented new
safety glazing standards for railroad passenger cars. In the very near
future we will have the Power Point Presentation available for download
that was presented to the membership at the 2010 Conference. We also
expect to be able to provide the process of how to apply for a waiver ,
you can review some of the required information needed for waivers and
the FRA's definitions of "Historic" and "Antiquated" equipment by
clicking here. To browse the Code of
Federal Regulations
click here. To browse the FRA Motive
Power & Equipment Compliance Manual
click here. To view Title 49 CFR Part
223 on Safety Glazing
click here
Glazing Requirements Summery:
Definitions
“Historical equipment ”refers to
locomotives, passenger coaches or cabooses which have historical
significance
“Antiquated equipment” - In general, the FRA Railroad Safety
Board considers passenger cars built prior to the end of World War II
(1945 or earlier) to be antiquated
“Excursion” means an operation which transports passengers to one
or more points of interest and returns them to the original point of
departure
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If passenger equipment was built post
1945 you have the following options:
A. Bring equipment into glazing compliance with
applicable requirements of the CFR
B. Apply to the FRA's Railroad Safety Board for a waiver of
each peice of non compliant equipment.
C. Remove the equipment from service.
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If a private passenger car is used for
private transportation purposes Title 49 CFR Part 223 does NOT apply
-
If a private passenger car is used for
Tourist/Excursion purposes and was built before January 1, 1946,
Title 49 CFR Part 233 does NOT apply.
-
If a private passenger car is used for
Tourist/Excursion purposes and was built after January 1, 1946,
Title 49 CFR Part 233 DOES apply.
-
If the requirements of 49 CFR part 223
apply to your car then it shall be equipped with certified glazing
in all windows and a minimum of four emergency windows after June
30, 1984.FRA Type I Forward/Rearward Facing, FRA Type II Side Facing
In the event of vandalism, the damaged glazing must be replaced with
compliant material
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If your private car is used in
tourist/excursion service on a rare occasion, and FRA considers it
to be “non-compliant”, you may apply to FRA for permission to
operate the car under specified safety conditions:
The request letter must be sent to FRA’s Headquarters in Washington,
DC Not the Regional Office
FRA will conduct a safety inspection of the equipment. If FRA’s
Office of Safety chooses to exercise “one-time” Enforcement
Discretion, you will receive a letter with specified safety
conditions that must be forwarded to the railroads handling the
equipment
-
If your private car is used in
tourist/excursion service frequently, and FRA considers it to be
“non-compliant”, you may apply to FRA for a waiver to operate the
car under specified safety conditions:
The request letter must be sent to FRA’s Docket Clerk at
Headquarters in Washington, DC
Not the Regional Office
FRA will conduct a safety inspection of the equipment
If FRA’s Railroad Safety Board grants your waiver
petition, you will receive an approval letter with
specified safety conditions that must be forwarded to
the railroads handling the equipment, and a time limit
for the waiver
Typically five years with an option for renewal
-
Enforcement Discretion Letter:
Mr. Edward W. Pritchard
Director, Office of Safety
Assurance & Compliance
Federal Railroad Administration
Mail Stop 25
1200 New Jersey Ave., SE
Washington, DC 20590
