49 C.F.R. 49 CFR--PART 229
Title 49 - Transportation
Effective Date(s): August 28, 2006 13. Amend Appendix B to part 229 by adding the heading for Subpart D and by adding entries for sections 229.205, 229.206, 229.213, 229.215 and 229.217 to read as follows: 1 A penalty may be assessed against an individual only for a willful violation. Generally, when two or more violations of these regulations are discovered with respect to a single locomotive that is used by a railroad, the appropriate penalties set forth above are aggregated up to a maximum of $10,000 per day. However, a failure to perform, with respect to a particular locomotive, any of the inspections and tests required under subpart B of this part will be treated as a violation separate and distinct from, and in addition to, any substantive violative conditions found on that locomotive. Moreover, the Administrator reserves the right to assess a penalty of up to $27,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. Failure to observe any condition for movement set forth in §229.9 will deprive the railroad of the benefit of the movement-for-repair provision and make the railroad and any responsible individuals liable for penalty under the particular regulatory section(s) concerning substantive defect(s) present on the locomotive at the time of movement. Failure to comply with §229.19 will result in a lapse of any affected waiver.
Amendment from June 28, 2006
49 CFR--PART 229
Amendment(s) published June 28, 2006, in 71 FR 36914
------------------------------------------------------------------------ Willful Section Violation violation------------------------------------------------------------------------ * * * * * * *------------------------------------------------------------------------ Subpart D_Locomotive Crashworthiness Design Requirements------------------------------------------------------------------------229.205 General requirements: (a)(1) Wide-nose locomotive not $5,000 $7,500 designed in compliance with AAR S- 580-2005........................... (2) Wide-nose locomotive not 5,000 7,500 designed in compliance with new approved design standard....... (3) Wide-nose locomotive not 5,000 7,500 designed in compliance with alternate approved design standard....................... (b) Monocoque or semi-monocoque 5,000 7,500 locomotive not in compliance with design requirements................ (c) Narrow-nose not in compliance 5,000 7,500 with design requirements...........229.206 Design requirements: Locomotive fails to meet_ (1) Emergency egress 2,500 5,000 requirements................... (2) Emergency interior lighting 2,500 5,000 requirements................... (3) Interior configuration 2,500 5,000 requirements...................229.213 Locomotive manufacturing information: (a) Failure to retain required 2,500 5,000 information........................ (b) Failure to produce required 2,500 5,000 information........................229.215 Retention and inspection of designs: (a) Failure to retain required 2,500 5,000 design records..................... (b) Failure to retain required 2,500 5,000 repair or modification records..... (c) Failure to make records 2,500 5,000 available when requested...........229.217 Fuel tank: (a) External fuel tank.............. 5,000 7,500 (b) Internal fuel tank.............. 5,000 7,500------------------------------------------------------------------------
