Interstate Commerce Commission under the provisions of 49 CFR Part 1102. This information was published in summarized form in the September 24, 1984 edition of the FEDERAL REGISTER (49 FR 37481).

4. To calculate the index number for mechanical labor, divide the present (1984) mechanical wage rate of $19.16 by the previous (1982) mechanical wage rate of $16.34. The result is a mechanical labor index number of 1.17 for 1984.

5. The track labor index number is calculated by dividing the present (1984) track wage rate of $18.02 by the previous (1982) track wage rate of $15.24. The result is a track labor index number of 1.18 for 1984.

6. Calculation of the labor index number is as follows: [(track labor index number) 1.18x.20]+[(mechanical labor index number) 1.17x.80]= labor index number of 1.17.

7. The mechanical material index number is calculated by first totaling the present (1984) cost of the following mechanical materials:

The track material index number is determined by dividing the present (1984) total cost for these track materials ($303,908) by the previous (1982) total cost for track materials ($271,433). The result is 1.12.

9. Calculation of the material index number is as follows: [(track material index number) 1.12 × .020]+[(mechanical material index number) 1.03 x .80]=material index number of 1.05.

10. Calculation of the threshold index number is as follows: [(labor index number) 1.17 x .40+[(material index number) 1.05 x .60]=threshold index number of 1.098.

11. In order to calculate the new reporting threshold, multiply the existing reporting threshold, $4,500, by the threshold index number of 1.098. The result is $4,941. This result, when rounded to the nearest $100.00, is the accident/incident reporting threshold figure of $4,900.

(Secs. 1 and 6, Accident Reports Act (45 U.S.C. 38 and 42); sec. 6 (e) and (f), Department of Transportation Act (49 U.S.C. 1655 (e) and (f)); secs. 202 and 208, Federal Railroad Safety Act of 1970 (45 U.S.C. 431 and 437); sec. 1.49 (g) and (m), Regulations of the Office of the Secretary of Transportation (49 CFR 1.49 (g) and (m))

[49 FR 48939, Dec. 17, 1984]

APPENDIX B-SCHEDULE OF CIVIL PENALTIES

The mechanical material index number is determined by dividing the present (1984) total cost for these mechanical materials ($51,182) by the previous (1982) total cost for mechanical materials ($49,869). The result is 1.03.

8. The track material index number is calculated by first totaling the present (1984) cost of the following track materials:

225.9, Telephonic reports of certain accidents/incidents 225.11, Reports of accidents/incidents

225.23, Joint operations: (a)

(b) and (c)...

225.25, Recordkeeping. 225.27, Retention of records.

1 For the purposes of this schedule, an intentional violation is the knowing and willful failure of a carrier, its officers or agents to comply with the provisions of this part. The Administrator reserves the authority to assess the maximum penalty of $2,500 for a violation of any section or subsection contained in Part 225.

[42 FR 1221, Jan. 6, 1977]

228.101 Distance requirement; definitions. 228.103 Approval procedure; construction within one-half mile (2,640 feet) (804 meters).

228.105 Additional requirements; construction within one-third mile (1,760 feet) (536 meters) of certain switching. 228.107 Action on petition.

CONSTRUCTION OR RECONSTRUCTION OF EMPLOYEE SLEEPING QUARTERS: INTERIM RULES ON DETERMINATION OF "IMMEDIATE VICINITY"

Rule 1 Distance requirement; definitions. Rule 2 Approval procedure: construction

between one-third and one-half mile (1,760 to 2,640 feet) (536 to 804 meters). Rule 3 Approval procedure: construction within one-third mile (1,760 feet) (536 meters).

Rule 4 Action on petition.

APPENDIX A-REQUIREMENTS OF THE HOURS

OF SERVICE ACT: STATEMENT OF AGENCY
POLICY AND INTERPRETATION

AUTHORITY: Sec. 12, 24 Stat. 383, as amended, sec. 20, 24 Stat. 386, as amended, 49 U.S.C. 12, 20; sec. 6, 80 Stat. 937, 49 U.S.C. 1655; sec. 1-4, 34 Stat. 1415, as amended, 45 U.S.C. 61-64b; and sec. 1.49(d) of the regulations of the Office of the Secretary of Transportation, 49 CFR 1.49(d), unless otherwise noted.

SOURCE: 37 FR 12234, June 21, 1972, unless otherwise noted.

Subpart A-General

§ 228.1 Scope.

This part

Definitions.

In this part

"Administrator" means the Administrator of the Federal Railroad Administration or any person to whom he has delegated authority in the matter concerned.

"Employee" means an individual employed by the common carrier who (1) is actually engaged in or connected with the movement of any train, including a person who performs the duties of a hostler, (2) dispatches, reports, transmits, receives, or delivers orders pertaining to train movements by the use of telegraph, telephone, radio, or any other electrical or mechanical device, or (3) is engaged in installing, repairing or maintaining signal systems.

"Railroad" includes all bridges, ferries, and roads, whether owned or operated under a contract, agreement, or lease, used in connection with that railroad.

[37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978]

Subpart B-Records and Reporting

§ 228.7 Hours of duty.

(a) For purposes of this part, time on duty of an employee actually engaged in or connected with the movement of any train, including a hostler, begins when he reports for duty and ends when he is finally released from duty, and includes

(1) Time engaged in or connected with the movement of any train;

(2) Any interim period available for rest at a location that is not a designated terminal;

(3) Any interim period of less than 4 hours available for rest at a designated terminal;

(4) Time spent in deadhead transportation en route to a duty assignment; and

(5) Time engaged in any other service for the carrier.

Time spent in deadhead transportation by an employee returning from duty to his point of final release may not be counted in computing time off duty or time on duty.

(b) For purposes of this part, time on duty of an employee who dispatches, reports, transmits, receives, or delivers orders pertaining to train movements by use of telegraph, telephone, radio, or any other electrical or mechanical device includes all time on duty in other service performed for the common carrier during the 24hour period involved.

(c) For purposes of this part, time on duty of an employee who is engaged in installing, repairing or maintaining signal systems includes all time on duty in other service performed for a common carrier during the 24-hour period involved.

[37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978]

§ 228.9 Railroad records; general.

(a) Records maintained under this part shall be

(1) Signed by the employee whose time on duty is being recorded or, in the case of train and engine crews, signed by the ranking crew member; (2) Retained for 2 years; and

(3) Available for inspection and copying by the Administrator during regular business hours.

§ 228.11 Hours of duty records.

(a) Each carrier shall keep a record of the following information concerning the hours of duty of each employ

ee:

(1) Identification of employee.

(2) Place, date, and beginning and ending times for hours of duty in each occupation.

(3) Total time on duty in all occupations.

(4) Number of consecutive hours off duty prior to going on duty.

(5) Beginning and ending times of periods spent in transportation, other than personal commuting, to or from a duty assignment and mode of transportation (train, track car, carrier motor vehicle, personal automobile, etc.).

[37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978]

§ 228.17 Dispatcher's record of train

movements.

(a) Each carrier shall keep, for each dispatching district, a record of train movements made under the direction and control of a dispatcher who uses telegraph, telephone, radio, or any other electrical or mechanical device to dispatch, report, transmit, receive, or deliver orders pertaining to train movements. The following information shall be included in the record:

(1) Identification of timetable in effect.

(2) Location and date.

(3) Identification of dispatchers and their times on duty.

(4) Weather conditions at 6-hour intervals.

(5) Identification of enginemen and conductors and their times on duty. (6) Identification of trains and engines.

(7) Station names and office designations.

(8) Distances between stations.

(9) Direction of movement and the time each train passes all reporting stations.

(10) Arrival and departure times of trains at all reporting stations.

(11) Unusual events affecting movement of trains and identification of trains affected.

§ 228.19 Monthly reports of excess service.

(a) Each carrier shall report to the Associate Administrator for Safety, (RRS-1), Federal Railroad Administration, Washington, D.C. 20590, each of the following instances within 30 days after the calendar month in which the instance occurs:

(1) A member of a train or engine crew or other employee engaged in or connected with the movement of any train, including a hostler, is on duty for more than 12 consecutive hours.

(2) A member of a train or engine crew or other employee engaged in or connected with the movement of any train, including a hostler, returns to duty after 12 hours of continuous service without at least 10 consecutive hours off duty.

(3) A member of a train or engine crew or other employee engaged in or connected with the movement of any train, including a hostler, continues on duty without at least 8 consecutive hours off duty during the preceding 24 hours. 1

(4) A member of a train or engine crew or other employee engaged in or connected with the movement of any train, including a hostler, returns to duty without at least 8 consecutive hours off duty during the preceding 24 hours. 1

1

(5) An employee who transmits, receives, or delivers orders affecting train movements is on duty for more than 9 hours in any 24-hour period at an office where two or more shifts are employed.

(6) An employee who transmits, receives, or delivers orders affecting train movements is on duty for more

'Instances involving tours of duty that are broken by four or more consecutive hours off duty time at a designated terminal which do not constitute more than a total of 12 hours time on duty are not required to be reported, provided such tours of duty are immediately preceded by 8 or more consecutive hours off-duty time. Instances involving tours of duty that are broken by less than 8 consecutive hours off duty which constitute more than a total of 12 hours time on duty must be reported.

than 12 hours in any 24-hour period at any office where one shift is employed.

(7) An employee engaged in installing, repairing or maintaining signal systems is on duty for more than 12 hours in a twenty-four hour period.

(8) An employee engaged in installing, repairing or maintaining signal systems returns to duty after 12 hours of continuous service without at least 10 consecutive hours off duty.

(9) An employee engaged in installing, repairing or maintaining signal systems continues on duty without at least 8 consecutive hours off duty during the preceding 24 hours.

(10) An employee engaged in installing, repairing or maintaining signal systems returns to duty without at least 8 consecutive hours off duty during the preceding 24 hours.

(b) Reports required by paragraph (a) of this section shall be filed in writing on FRA Form F-6180-32 with the Office of Safety, Federal Railroad Administration, Washington, D.C. 20590. A separate form shall be used for each instance reported.

[37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978]

§ 228.21 Civil penalty.

(a) A carrier which fails or refuses to keep a record as required by this part or refuses to make such a record available to the Administrator or any authorized agent of the Administrator for inspection or copying is liable for a civil penalty of $500 for each such offense and for each day during which such failure or refusal continues, as prescribed by section 20, paragraph (7)(a) of the Interstate Commerce Act (49 U.S.C. 20, paragraph (7)(a)).

(b) A carrier which fails or refuses to report an instance of excess service as required by this part is liable for a civil penalty of $100 for each such offense and for every day such failure or refusal continues, as prescribed by section 20, paragraph (7)(d) of the Inter

'Form may be obtained from the Office of Safety, Federal Railroad Administration, Washington, D.C. 20590. Reproduction is authorized.

state Commerce Act (49 U.S.C. 20, paragraph (7)(d)).

[43 FR 3124, Jan. 23, 1978]

§ 228.23 Criminal penalty.

(a) Whoever knowingly and willfully

(1) Makes, causes to be made, or participates in the making of a false entry in reports required to be filed or records required to be kept by this part;

(2) Destroys, mutilates, alters, or otherwise falsifies such records;

(3) Neglects or fails to make full, true, and correct entries in such records; or

(4) Keeps a record contrary to the requirements of this part;

Is subject to a $5,000 fine and 2 years' imprisonment as prescribed by section 20 of the Interstate Commerce Act, 49 U.S.C. 20.

Subpart C-Construction of Employee Sleeping Quarters

SOURCE: 43 FR 31012, July 19, 1978, unless otherwise noted.

§ 228.101 Distance requirement; definitions.

(a) The Hours of Service Act, as amended (45 U.S.C. 61-64b), makes it unlawful for any common carrier engaged in interstate or foreign commerce by railroad to begin, on or after July 8, 1976, the construction or reconstruction of sleeping quarters for employees who perform duties covered by the act "within or in the immediate vicinity (as determined in accordance with rules prescribed by the Secretary of Transportation) of any area where railroad switching or humping operations are performed." 45 U.S.C. 62(a)(4). This subpart sets forth (1) a general definition of "immediate vicinity" (§ 228.101(b)), (2) procedures under which a carrier may request a determination by the Federal Railroad Administration that a particular proposed site is not within the "immediate vicinity" of railroad switching or humping operations (§§ 228.103 and 228.105), and (3) the basic criteria utilized in evaluating proposed sites (§ 228.107).

(b) Except as determined in accordance with the provisions of this subpart. "The immediate vicinity" shall mean the area within one-half mile (2,640 feet) (804 meters) of switching or humping operations as measured from the nearest rail of the nearest trackage where switching or humping operations are performed 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.

(c) As used in this subpart

(1) "Construction" shall refer to the

(i) Creation of a new facility;

(ii) Expansion of an existing facility; (iii) Placement of a mobile or modular facility; or

(iv) Acquisition and use of an existing building.

(2) "Reconstruction" shall refer to the

(i) Replacement of an existing facility with a new facility on the same site;

or

(ii) Rehabilitation or improvement of an existing facility (normal periodic maintenance excepted) involving the expenditure of an amount representing more than 50 percent of the cost of replacing such facility on the same site at the time the work of rehabilitation or improvement began, the replacement cost to be estimated on the basis of contemporary construction methods and materials.

(3) "Switching or humping operations" includes the classification of placarded railroad cars according to commodity or destination, assembling of placarded cars for train movements, changing the position of placarded cars for purposes of loading, unloading, or weighing, and the placing of placarded cars for repair. However, the term does not include the moving of rail equipment in connection with work service, the moving of a train or part of a train within yard limits by a road locomotive or placing locomotives or cars in a train or removing them from a train by a road locomotive while en route to the train's destination. The term does include operations within this definition which are conducted by any railroad; it is not limit