Federal Regulations - Locomotive Sanitation - Final Rule
From the Federal Register / Vol. 67, No. 65/ Thursday, April 4, 2002 / Rules and Regulations
§ 229.137 Sanitation, general requirements.
(a) Sanitation compartment. Except as provided in paragraph (b) of this section,
all lead locomotives in use shall be equipped with a sanitation compartment.
Each sanitation compartment shall be:
(1) Adequately ventilated;
(2) Equipped with a door that:
(i)
Closes, and
(ii)
Possesses a modesty lock by [18 months after publication of the final rule];
(3) Equipped with a toilet facility, as defined in this part;
(4) Equipped with a washing system, as defined in this part, unless the railroad
otherwise provides the washing system to employees upon reporting for duty or
occupying the cab for duty, or where the locomotive is equipped with a
stationary sink that is located outside of the sanitation compartment;
(5) Equipped with toilet paper in sufficient quantity to meet employee needs,
unless the railroad otherwise provides toilet paper to employees upon reporting
for duty or occupying the cab for duty; and
(6) Equipped with a trash receptacle, unless the railroad otherwise provides
portable trash receptacles to employees upon reporting for duty or occupying the
cab for duty.
(b) Exceptions.
(1) Paragraph (a) of this section shall not apply to:
(i) Locomotives engaged in commuter service or
other short-haul passenger service and commuter work trains on which employees
have ready access to railroad-provided sanitation facilities outside of the
locomotive or elsewhere on the train, that meet otherwise applicable sanitation
standards, at frequent intervals during the course of their work shift;
(ii) Locomotives engaged in switching service on which employees have ready
access to railroad-provided sanitation facilities outside of the locomotive,
that meet otherwise applicable sanitation standards, at frequent intervals
during the course of their work shift;
(iii) Locomotives engaged in transfer service on which employees have ready
access to railroad-provided sanitation facilities outside of the locomotive,
that meet otherwise applicable sanitation standards, at frequent intervals
during the course of their work shift;
(iv) Locomotives of Class III railroads engaged in operations other than
switching service or transfer service, that are not equipped with a sanitation
compartment as of June 3, 2002. Where an unequipped locomotive of a Class III
railroad is engaged in operations other than switching or transfer service,
employees shall have ready access to railroad-provided sanitation facilities
outside of the locomotive that meet otherwise applicable sanitation standards,
at frequent intervals during the course of their work shift, or the railroad
shall arrange for enroute access to such facilities;
(v) Locomotives of tourist, scenic, historic, or excursion railroad operations,
which are otherwise covered by this part because they are not propelled by steam
power and operate on the general railroad system of transportation, but on which
employees have ready access to railroad-provided sanitation facilities outside
of the locomotive, that meet otherwise applicable sanitation standards, at
frequent intervals during the course of their work shift; and
(vi) Except as provided in § 229.14 of this part, control cab locomotives
designed for passenger occupancy and used in intercity push-pull service that
are not equipped with sanitation facilities, where employees have ready access
to railroad-provided sanitation in other passenger cars on the train at frequent
intervals during the course of their work shift.
(2) Paragraph (a)(3) of this section shall not apply to:
(i) Locomotives of a Class I railroad which, prior
to [the effective date of this section], were equipped with a toilet facility in
which human waste falls via gravity to a holding tank where it is stored and
periodically emptied, which does not conform to the definition of toilet
facility set forth in this section. For these locomotives, the requirements of
this section pertaining to the type of toilet facilities required shall be
effective as these toilets become defective or are replaced with conforming
units, whichever occurs first. All other requirements set forth in this section
shall apply to these locomotives as of June 3, 2002; and
(ii) With respect to the locomotives of a Class I railroad which, prior to June
3, 2002, were equipped with a sanitation system other than the units addressed
by paragraph (b)(2)(i) of this section, that contains and removes human waste by
a method that does not conform with the definition of toilet facility as set
forth in this section, the requirements of this section pertaining to the type
of toilet facilities shall apply on locomotives in use on July 1, 2003. However,
the Class I railroad subject to this exception shall not deliver locomotives
with such sanitation systems to other railroads for use, in the lead position,
during the time between June 3, 2002, and July 1, 2003. All other requirements
set forth in this section shall apply to the locomotives of this Class I
railroad as of June 3, 2002.
(c) Defective, unsanitary toilet facility; prohibition in lead position. Except as provided in paragraphs (c)(1) through (5) of this section, if the railroad determines during the daily inspection required by § 229.21 that a locomotive toilet facility is defective or is unsanitary, or both, the railroad shall not use the locomotive in the lead position. The railroad may continue to use a lead locomotive with a toilet facility that is defective or unsanitary as of the daily inspection only where all of the following conditions are met:
(1) The unsanitary or defective condition is
discovered at a location where there are no other suitable locomotives available
for use, i.e.., where it is not possible to switch another locomotive into the
lead position, or the location is not equipped to clean the sanitation
compartment if unsanitary or repair the toilet facility if defective;
(2) The locomotive, while noncompliant, did not pass through a location where it
could have been cleaned if unsanitary, repaired if defective, or switched with
another compliant locomotive, since its last daily inspection required by this
part;
(3) Upon reasonable request of a locomotive crewmember operating a locomotive
with a defective or unsanitary toilet facility, the railroad arranges for access
to a toilet facility outside the locomotive that meets otherwise applicable
sanitation standards;
(4) If the sanitation compartment is unsanitary, the sanitation compartment door
shall be closed and adequate ventilation shall be provided in the cab so that it
is habitable; and
(5) The locomotive shall not continue in service in the lead position beyond a
location where the defective or unsanitary condition can be corrected or
replaced with another compliant locomotive, or the next daily inspection
required by this part, whichever occurs first.
(d) Defective, unsanitary toilet facility; use in
trailing position. If the railroad determines during the daily inspection
required by § 229.21 that a locomotive toilet facility is defective or is
unsanitary, or both, the railroad may use the locomotive in trailing position.
If the railroad places the locomotive in trailing position, they shall not haul
employees in the unit unless the sanitation compartment is made sanitary prior
to occupancy. If the toilet facility is defective and the unit becomes occupied,
the railroad shall clearly mark the defective toilet facility as unavailable for
use.
(e) Defective, sanitary toilet facility; use in switching, transfer service. If
the railroad determines during the daily inspection required by § 229.21 that a
locomotive toilet facility is defective, but sanitary, the railroad may use the
locomotive in switching service, as set forth in paragraph (b)(1)(ii) of this
section, or in transfer service, as set forth in paragraph (b)(1)(iii) of this
section for a period not to exceed 10 days. In this instance, the railroad shall
clearly mark the defective toilet facility as unavailable for use. After
expiration of the 10-day period, the locomotive shall be repaired or used in the
trailing position.
(f) Lack of toilet paper, washing system, trash receptacle. If the railroad
determines during the daily inspection required by § 229.21 that the lead
locomotive is not equipped with toilet paper in sufficient quantity to meet
employee needs, or a washing system as required by paragraph (a)(4) of this
section, or a trash receptacle as required by paragraph (a)(6) of this section,
the locomotive shall be equipped with these items prior to departure.
(g) Inadequate ventilation. If the railroad determines during the daily
inspection required by § 229.21 that the sanitation compartment of the lead
locomotive in use is not adequately ventilated as required by paragraph (a)(1)
of this section, the railroad shall repair the ventilation prior to departure,
or place the locomotive in trailing position, in switching service as set forth
in paragraph (b)(1)(ii) of this section, or in transfer service as set forth in
paragraph (b)(1)(iii) of this section.
(h) Door closure and modesty lock. If the railroad determines during the daily
inspection required by § 229.21 that the sanitation compartment on the lead
locomotive is not equipped with a door that closes, as required by paragraph
(a)(2)(i) of this section, the railroad shall repair the door prior to
departure, or place the locomotive in trailing position, in switching service as
set forth in paragraph (b)(1)(ii) of this section, or in transfer service as set
forth in paragraph (b)(1)(iii) of this section. If the railroad determines
during the daily inspection required by § 229.21 that the modesty lock required
by paragraph (a)(2)(ii) of this section is defective, the modesty lock shall be
repaired pursuant to the requirements of § 229.139(e).
(i) Equipped units; retention and maintenance. Except where a railroad
downgrades a locomotive to service in which it will never be occupied, where a
locomotive is equipped with a toilet facility as of [the effective date of the
final rule], the railroad shall retain and maintain the toilet facility in the
locomotive consistent with the requirements of this part, including locomotives
used in switching service pursuant to paragraph (b)(1)(ii) of this section, and
in transfer service pursuant to paragraph (b)(1)(iii) of this section.
(j) Newly manufactured units; in-cab facilities. All locomotives manufactured
after June 3, 2002, except switching units built exclusively for switching
service and locomotives built exclusively for commuter service, shall be
equipped with a sanitation compartment accessible to cab employees without
exiting to the out-of-doors for use. No railroad may use a locomotive built
after June 3, 2002, that does not comply with this subsection.
(k) Potable water. The railroad shall utilize potable water where the washing
system includes the use of water.
§ 229.139 Sanitation, servicing requirements.
(a) The sanitation compartment of each lead
locomotive in use shall be sanitary.
(b) All components required by § 229.137(a) for the lead locomotive in use shall
be present consistent with the requirements of this part, and shall operate as
intended such that:
(1) All mechanical systems shall function;
(2) Water shall be present in sufficient quantity to permit flushing;
(3) For those systems that utilize chemicals for treatment, the chemical
(chlorine or other comparable oxidizing agent) used to treat waste must be
present; and
(4) No blockage is present that prevents waste from evacuating the bowl.
(c) The sanitation compartment of each occupied
locomotive used in switching service pursuant to § 229.137(b)(1)(ii), in
transfer service pursuant to § 229,137(b)(1)(iii), or in a trailing position
when the locomotive is occupied, shall be sanitary.
(d) Where the railroad uses a locomotive pursuant to § 229.137(e) in switching
or transfer service with a defective toilet facility, such use shall not exceed
10 calendar days from the date on which the defective toilet facility became
defective. The date on which the toilet facility becomes defective shall be
entered on the daily inspection report.
(e) Where it is determined that the modesty lock required by § 229.137(a)(2) is
defective, the railroad shall repair the modesty lock on or before the next
92-day inspection required by this part.
Issued in Washington, DC, on March 22, 2002.
Allan Rutter,
Administrator.
[FR Doc. 02-8077 Filed 4-3-02; 8:45 am]
§229.5 Definitions.
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Commuter service means the type of railroad service described under the heading
"Commuter Operations" in 49 CFR part 209, Appendix A.
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Commuter work train is a non-revenue service train used in the administration
and upkeep service of the commuter railroad.
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Modesty lock means a latch that can be operated in the normal manner only from
within the sanitary compartment, that is designed to prevent entry of another
person when the sanitary compartment is in use. A modesty lock may be designed
to allow deliberate forced entry in the event of an emergency.
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Other short-haul passenger service means the type of railroad service described
under the heading "Other short-haul passenger service" in 49 CFR part 209,
Appendix A.
Potable Water - means water that meets the requirements of 40 CFR part
141, the Environmental Protection Agency's Primary Drinking Water Regulations,
or water that has been approved for drinking and washing purposes by the
pertinent state or local authority having jurisdiction. For purposes of this
section, commercially available, bottled drinking water is deemed potable water.
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Sanitary - means lacking any condition in which any significant amount of
filth, trash, or human waste is present in such a manner that a reasonable
person would believe that the condition might constitute a health hazard; or of
strong, persistent, chemical or human waste odors sufficient to deter use of the
facility, or give rise to a reasonable concern with respect to exposure to
hazardous fumes. Such conditions include, but are not limited to, a toilet bowl
filled with human waste, soiled toilet paper, or other products used in the
toilet compartment, that are present due to a defective toilet facility that
will not flush or otherwise remove the waste; visible human waste residue on the
floor or toilet seat that is present due to a toilet facility that overflowed;
an accumulation of soiled paper towels or soiled toilet paper on the floor,
toilet facility or sink; an accumulation of visible dirt or human waste on the
floor, toilet facility, or sink; and strong, persistent chemical or human waste
odors in the compartment.
Sanitation compartment - means an enclosed compartment on a railroad locomotive
that contains a toilet facility for employee use.
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Switching service - means the classification of railroad freight and
passenger cars according to commodity or destination; assembling cars for train
movements; changing the position of cars for purposes of loading, unloading, or
weighing; placing locomotives and cars for repair or storage; or moving rail
equipment in connection with work service that does not constitute a train
movement.
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Toilet facility - means a system that automatically or on command of the
user removes human waste to a place where it is treated, eliminated, or retained
such that no solid or non-treated liquid waste is thereafter permitted to be
released into the bowl, urinal, or room and that prevents harmful discharges of
gases or persistent offensive odors.
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Transfer service means a freight train that travels between a point of origin
and a point of final destination not exceeding 20 miles and that is not
performing switching service.
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Unsanitary means having any condition in which any significant amount of filth,
trash, or human waste is present in such a manner that a reasonable person would
believe that the condition might constitute a health hazard; or strong,
persistent, chemical or human waste odors sufficient to deter use of the
facility or to give rise to a reasonable concern with respect to exposure to
hazardous fumes. Such conditions include, but are not limited to, a toilet bowl
filled with human waste, soiled toilet paper, or other products used in the
toilet compartment, that are present due to a defective toilet facility that
will not flush or otherwise remove the waste; visible human waste residue on the
floor or toilet seat that is present due to a toilet facility that overflowed;
an accumulation of soiled paper towels or soiled toilet paper on the floor,
toilet facility, or sink; an accumulation of visible dirt or human waste on the
floor, toilet facility, or sink; and strong persistent chemical or human waste
odors in the compartment.
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Washing system - means a system for use by railroad employees to maintain
personal cleanliness that includes a secured sink or basin, water, antibacterial
soap, and paper towels; or antibacterial waterless soap and paper towels; or
antibacterial moist towelettes and paper towels; or any other combination of
suitable antibacterial cleansing agents.
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