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FEDERAL RAILROAD FEDERAL RAILROAD ADMINISTRATIONADMINISTRATION

Operating Practices DivisionOperating Practices DivisionFor Instructional Purposes Only;For Instructional Purposes Only;for further clarification refer to for further clarification refer to

the actual Final Rule the actual Final Rule

49 CFR, PARTS 217 & 21849 CFR, PARTS 217 & 218

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http://dms.dot.gov under Docket No. FRA-2006-25267;

• Vol. 73 Federal Register at pages 8442 through 8505 (Wednesday, February 13, 2008); or

• http://www.fra.dot.gov/Downloads/Counsel/Human_Factors_Final_Rule.pdf on FRA’s website.

The Final Rule may be found Online at:

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Important This presentation is an abbreviated

discussion of the rule, and not the entire rule.

***This information is meant to be accompanied by a more in-depth review of the actual regulation by the viewing audience, and should not be relied on for anything more than a basic introduction to the new regulations.

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WHY?

Approximately 39% of Accidents in the data reviewed were Human Factor Accidents. Most of those involved non-compliance with the new regulations.

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217.4 Definitions

Qualified mean a person has successfully completed all instruction, training and examination programs required by the railroad and this part and that person

**Applicable to Railroad Testing Officers (Managers) in 217.9………made available to representatives of

the FRA for inspection and copying during normal business hours.

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217.9Railroads will be required to review data and

adjust their Operational Testing accordingly. These Reviews must be made available to the FRA.

1. Three month Review (Freight Only).

2. Six Month Review (Passenger Trains and at the System level for Freight Railroads)

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217.9The program shall--

1. Explain the minimum number of tests for the Railroad and each officer

2. Type of Ops Tests required.

3. Identify the RR officer who shall be responsible for ensuring that the program is in compliance.

9Not an Official Document Training purposes ONLYAn FRA Inspector Reading the Regulations

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Railroad Operating Practices

Part 218 Subpart F

– Handling Equipment, Switches, and Derails

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I told my son’s friends at his graduation party that they can only have one beer. Kids, go figure.

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Part 218.95 – Instruction, Training and Examination

1. Basically; the railroads have until July 2009, to train all employees on these new regulations.

2. This date may change. 3. There must be a record of this training.4. Training must be completed every three years.

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Part 218.97

Subpart F Good Faith Challenge

(GCF)

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Part 218.97 Subpart F – Good Faith Challenge

First Step – Employee (manager or union member) makes a challenge.

The challenge does not have to be directed at a superior/manager. A Conductor can address it to an Engineer; A Trainmaster to a dispatcher; A train crew to a dispatcher; Etc, Etc.

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Good Faith Challenge

The Challenge can only be in regards to the parts identified in this regulation.

Thus, leaving without an airbrake inspection is not covered under this GFC, but may be in non-compliance with other regulations nonetheless.

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Good Faith Challenge

Step Two -- Resolution between the parties involved.

1. The person challenged accepts the employee’s request.

2. The employee’s acceptance of the directive.

3. The parties agree to a compromise.

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Good Faith Challenge

Step Three -- If the parties cannot reach an agreement it requires a third party to become involved on the larger railroads.

NOTE: This third person who will IMMEDIATELY review the challenge cannot be a subordinate to the person issuing the directive.

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Good Faith Challenge

NOTE: The person who originally issued the challenge can be directed to perform other duties while the third person reviews the GFC and it’s directives.

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Good Faith Challenge

NOTE: The Railroad can direct another person to perform the challenge.. IF..

**The other employee is also made aware of the GFC.

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Good Faith ChallengeStep Four -- The third person who is

reviewing the GFC has the same options to provide a resolution as the first person challenged.

NOTE: Except that the reviewing person’s decision shall NOT be subject to further immediate review.

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Good Faith ChallengeStep Five -- After the review the

person who issued the GFC can appeal the decision in writing to a designated RR manager.

NOTE: The Railroad MUST offer to allow the person making the GFC to put their challenge in writing, and then respond to that challenge in writing by the end of the following month.

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Good Faith Challenge Flow Chart

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Part 218 Subpart F

– Shoving or Pushing Movements

These requirements do not apply to free rolling equipment..

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5 Megabytes of Hard Drive in 1956

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Part 218 Subpart F – Shoving or Pushing Movements

218.99 Shoving or pushing movements

These requirements do not apply to free rolling equipment.

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Part 218 Subpart F – Shoving or Pushing Movements

218.99 Shoving or pushing movements (b) (1) Job briefing. Rolling equipment shall not be

shoved or pushed until…………………....

(b) (2) No unrelated tasks.

(b) (3) Point protection.

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Part 218 Subpart F – Definitions

Yard access crossing means a private highway-rail grade crossing that is located within the physical confines of a railroad yard and is either:

– (1) open to unrestricted public access; or

– (2) open to persons other than railroad employees going about their normal duties , e.g., business guests or family members.

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– Shoving or Pushing Movements

When initiating a remote control shoving or pushing movement the remote control operator, or a crewmember, shall visually determine the direction the equipment moves.

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Shoving or Pushing Movements

Remote Control Zones can only nullify the requirement for point protection when ALL of the requirements are met, AND, it is on the leading end in the direction of movement (pull out end).

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Which One is the Pull Out end?

RCL Zone Pull Out GATX 48710

1086

GATX 48710

1086

Which shove is OK & which is Not? (RCZ)

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Part 218.101

– Leaving Equipment in the Clear

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218.101 – Leaving Equipment in the Clear

Part 218.93 - Definitions

Foul or Fouling a Track: Rolling equipment or on-track MofW equipment is located such that the end of the equipment is between the clearance point and the switch point leading to the track on which the equipment is standing.

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The Foul Zone is a concern only when the END of the Equipment

is in the Foul Zone .

Foul Zone

Foul Zone

If the end of equipment is in the foul zone, then you must determine if it is in compliance or not.

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This diagram indicates that there is NO End of equipment in

the Foul Zones.

Foul Zone

Foul Zone

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Subpart F – Leaving Equipment in the Clear [Standing on Main Track]

Non-compliance with 218.101 (b)(1)

Compliance with 218.101 (b)(1)

SwitchPosition(normal)

SwitchPosition

(reversed)

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Subpart F – Leaving Equipment in the Clear [Standing on a Siding]

Non-compliance with 218.101 (b)(2)

Clearance point

Compliance with 218.101 (b)(2)

SW Lined

SW Lined

Clearance point

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Leaving equipment in the clear on a Yard Track

Equipment shall not be left where it will foul a connecting track unless The equipment is standing on a yard switching lead track, and the yard track switch that the equipment is fouling is lined for the yard switching lead track on which the equipment is standing; or

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Subpart F – Leaving Equipment in the Clear [Yard]

Compliance with 218.101(b)(3)

Clearance point

SW Lined

SW Lined

Non-compliance with 218.101(b)(3)

Trains are standing on a Switching Lead Track

Clearance point

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The standing equipment should not foul a lead track.

Foul Zone

Switch can be lined either way

Lead Track

Yard Track

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The Train is standing

This train is occupying the Lead Track and all of the Switches are lined properly.

The end of the equipment is in the foul zone

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Industrial Track Locations

NOTE: Most industry track locations have been exempted from this requirement.

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Subpart F – Leaving Equipment in the Clear

Clearance point of the switch leading to the

industry

Example Of In Compliance with 218.101(b)(4)

Switch position is irrelevant inside industry

Industry Area

Foul Zone

Equipment is on an industry track beyond the clearance point of the SW into the industry

44Not an Official Document Training purposes ONLYThe Train is standing & the switch is properly lined.

Storage Stub Track

Lead

The Track is full

The end of the equipment is in the foul zone

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Leaving equipment in the clear

Each railroad shall implement procedures that enable employees to identify clearance points and a means to identify locations where clearance points will not permit a person to safely ride on the side of a car.

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Part 218 Subpart F 218.103

Hand-operated switches, including cross-over switches

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I wonder what will

happen if I do this?

FRA New Federal Regulations

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Part 218 Subpart F – 218.103Employees operating or verifying the

position of a hand-operated switch shall:1. Conduct job briefings

2. Be qualified.

3. Visually determine that switches are properly lined.

4. No equipment can be fouling the switch.

5. Visually determine that the SW points fit.

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Part 218 Subpart F – 218.103

NOTE: Rolling and on-track maintenance-of-way equipment shall not foul a track until all hand-operated switches connected with the movement are properly lined.

****[There are exceptions for switches intended to be trailed through]

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Part 218 Subpart F

Additional operational requirements for hand-operated main track switches

NOTE: This Final Rule will supplant Emergency Order Number 24 – Page 8442.

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Part 218 Subpart F Both hand-operated switches of a crossover

shall be properly lined before rolling and on-track maintenance-of-way equipment begins a crossover movement.

A crossover movement shall be completed before either hand-operated crossover switch is restored to normal position.

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Part 218 Subpart F

Hand-operated crossover switches shall be left in corresponding position.

*** [There are exceptions for Blue Signal, RWP, Track Maintenance, Etc]

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Part 218 Subpart F

Fixed derails shall be kept in the derailing position.

*** [There are exceptions for Blue Signal, RWP, Track Maintenance, Etc]

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ProposedPenalty Schedule

• Subpart Penalty Willful

• 218.95 $5,000 $10,000

• 218.97 $7,500 $10,000

• 218.99 $7,000 $10,000

• 218.101 $7,500 $10,000

• 218.103 - 109 $5,000 10,000