[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR228.103]

[Page 280-281]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 228--HOURS OF SERVICE OF RAILROAD EMPLOYEES--Table of Contents
 
          Subpart C--Construction of Employee Sleeping Quarters
 
Sec. 228.103  Approval procedure: construction within one-half mile (2,640 feet) (804 meters).

    (a) A common carrier that has developed plans for the construction 
or reconstruction of sleeping quarters subject to this subpart and which 
is considering a site less than one-half mile (2,640 feet) (804 meters) 
from any area where switching or humping operations are performed, 
measured from the nearest rail of the nearest trackage utilized on a 
regular or intermittent basis for switching or humping operations to the 
point on the site where the carrier proposes to construct or reconstruct 
the exterior wall of the structure, or portion of such wall, which is 
closest to such operations, must obtain the approval of the Federal 
Railroad Administration before commencing construction or reconstruction 
on that site. Approval may be requested by filing a petition conforming 
to the requirements of this subpart.
    (b) A carrier is deemed to have conducted switching or humping 
operations on particular trackage within the meaning of this subpart if 
placarded cars are subjected to the operations described in 
Sec. 228.101(c)(3) within the 365-day period immediately preceding the 
date construction or reconstruction is commenced or if such operations 
are to be permitted on such trackage after such date. If the carrier 
does not have reliable records concerning the traffic handled on the 
trackage within the specified period, it shall be presumed that 
switching of placarded cars is conducted at the location and 
construction or reconstruction of sleeping quarters within one-half mile 
shall be subject to the approval procedures of this subpart.
    (c) A petition shall be filed in triplicate with the Secretary, 
Railroad Safety Board, Federal Railroad Administration, Washington, DC 
20590 and shall contain the following:
    (1) A brief description of the type of construction planned, 
including materials to be employed, means of egress from the quarters, 
and actual and projected exterior noise levels and projected interior 
noise levels;
    (2) The number of employees expected to utilize the quarters at full 
capacity;
    (3) A brief description of the site, including:
    (i) Distance from trackage where switching or humping operations are 
performed, specifying distances from particular functions such as 
classification, repair, assembling of trains from large groups of cars, 
etc. cetera;
    (ii) Topography within a general area consisting of the site and all 
of the rail facilities close to the site;
    (iii) Location of other physical improvements situated between the 
site and areas where railroad operations are conducted;
    (4) A blueprint or other drawing showing the relationship of the 
site to trackage and other planned and existing facilities;
    (5) The proposed or estimated date for commencement of construction;
    (6) A description of the average number and variety of rail 
operations in the areas within one-half mile (2,640 feet) (804 meters) 
of the site (e.g., number of cars classified in 24-hour period; number 
of train movements);
    (7) An estimate of the average daily number of placarded rail cars 
transporting hazardous materials through the railroad facility (where 
practicable, based on a 365-day period sample, that period not having 
ended more than 120 days prior to the date of filing the petition), 
specifying the--
    (i) Number of such cars transporting class A explosives and poison 
gases; and
    (ii) Number of DOT Specification 112A and 114A tank cars 
transporting flammable gas subject to FRA emergency order No. 5;
    (8) A statement certified by a corporate officer of the carrier 
possessing authority over the subject matter explaining any plans of 
that carrier for utilization of existing trackage, or for the 
construction of new trackage,

[[Page 281]]

which may impact on the location of switching or humping operations 
within one-half mile of the proposed site (if there are no plans, the 
carrier official must so certify); and
    (9) Any further information which is necessary for evaluation of the 
site.
    (d) A petition filed under this section must contain a statement 
that the petition has been served on the recognized representatives of 
the railroad employees who will be utilizing the proposed sleeping 
quarters, together with a list of the employee representatives served.