Federal Railroad Administration

Office of Railroad Safety

Camp Car Rules Compliance Manual 

March 2013 

Camp Car Rules Compliance Manual

i 

Contents

Chapter 1–Overview ....................................................................................................................... 1

1. Introduction ............................................................................................................................ 1

1.1 Purposes of the Camp Car Rules Compliance Manual ........................................................ 1

1.2 Role of Industrial Hygienists and Inspectors ....................................................................... 2

1.3 Basis for the Revised Regulations ....................................................................................... 3

1.4 Recommended Safe Work Practices .................................................................................... 3

1.5 Complaint Investigation ....................................................................................................... 4

1.6 Compliance Determinations................................................................................................. 4

1.7 Regular Inspection ............................................................................................................... 5

1.8 Definitions............................................................................................................................ 5

1.9 Recommended Equipment and Materials ............................................................................ 6

Chapter 2–49 CFR Part 228–Subpart A and Subpart C .................................................................. 8

2. Section-by-Section Guidance................................................................................................. 8

§ 228.1 Scope. ........................................................................................................................ 8

§ 228.3 Application and responsibility for compliance. ........................................................ 9

§ 228.5 Definitions. .............................................................................................................. 10

§ 228.101 Distance requirement for employee sleeping quarters; 

 definitions used in this subpart. .......................................................................... 11

§ 228.102 Distance requirement for camp cars provided as sleeping quarters 

 exclusively to MOW workers. ............................................................................ 11

Chapter 3–49 CFR Part 228–Subpart E ........................................................................................ 13

3. Section-by-Section Guidance............................................................................................... 13

§ 228.303 Application and responsibility for compliance. .................................................. 13

§ 228.305 Compliance date. ................................................................................................. 13

§ 228.307 Definitions. .......................................................................................................... 14

§ 228.309 Structure, emergency egress, lighting, temperature, and noise-level standards. 14

§ 228.311 Minimum space requirements, beds, storage, and sanitary facilities. ................. 17

§ 228.313 Electrical system requirements. .......................................................................... 19

§ 228.315 Vermin control. ................................................................................................... 21

§ 228.317 Toilets. ................................................................................................................ 22

§ 228.319 Lavatories. ........................................................................................................... 24

§ 228.321 Showering facilities. ........................................................................................... 25

§ 228.323 Potable water. ...................................................................................................... 27

§ 228.325 Food service in a camp car or separate kitchen or dining facility in a camp. ..... 36

§ 228.327 Waste collection and disposal. ............................................................................ 41

§ 228.329 Housekeeping. ..................................................................................................... 42

§ 228.331 First aid and life safety. ....................................................................................... 43

§ 228.333 Remedial action. ................................................................................................. 45

§ 228.335 Electronic recordkeeping. ................................................................................... 46
Camp Car Rules Compliance Manual

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Appendix A–Excerpts From 40 CFR Part 141 – National Primary Drinking Water 

Regulations for Maximum Allowable Concentrations (MACs) Applicable 

to Potable Water Testing 

Appendix B–First Aid Kit Contents from 49 CFR Part 228.331(b) 

Appendix C–76 FR 67073, Federal Register Final Rule, 49 CFR Part 228, Safety and 

Health Requirements Related to Camp Cars 

Appendix D–Camp Car Rules Compliance Audit Checklist 
Camp Car Rules Compliance Manual

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Chapter 1–Overview

1. Introduction 

The Camp Car Rules Compliance Manual prescribes guidance for investigative and monitoring 

activities to ensure railroad compliance with the Title 49 Code of Federal Regulations (CFR) Part 

228 revisions, which became effective on December 30, 2011. The title of the part has been 

changed from Hours of Service of Railroad Employees to Hours of Service of Railroad 

Employees; Recordkeeping and Reporting; Sleeping Quarters. The substantive changes include 

the following: 

• 49 CFR Part 228 Subpart A—General (revised).

• 49 CFR Part 228 Subpart C—Construction of Railroad-Provided Sleeping Quarters 

(revised, and subpart title of Construction of Employee Sleeping Quarters also revised). 

• 49 CFR Part 228 Subpart E—Safety and Health Requirements for Camp Cars Provided 

by Railroads as Sleeping Quarters (new, and referred to in this manual as Camp Car 

Rules).

Other changes were made to 49 CFR Part 228, including adding § 228.6 and removing 

§§ 228.13, 228.21, 228.23, the last paragraph of Appendix A, and Appendix C (much of 

Appendix C became Subpart E). 

1.1 Purposes of the Camp Car Rules Compliance Manual

The Camp Car Rules Compliance Manual provides information to assist Federal Railroad 

Administration (FRA) and State staff in the following: 

• Performing inspections, audits, and investigations; 

• Clarifying staff roles; 

• Gaining a better understanding of Federal railroad safety laws and regulations; and

• Achieving uniform enforcement of Federal railroad safety laws and regulations. 

This manual provides excerpts of the revised regulations by section, along with applicable 

guidance and defect codes to use when compliance failures are identified. This manual is to be 

used by FRA and State industrial hygienists and Operating Practices and Track inspectors 

performing site and noise inspections, audits, and investigations that may lead to enforcement 

action and civil penalties. This manual also contains the Camp Car Rules Compliance Audit 

Checklist that summarizes the requirements and provides a format for field inspections and 

audits (see Appendix D). Although this manual is dedicated to Part 228 revisions, FRA and 

State staff should also be aware of FRA regulations under 49 CFR Part 218 Subpart E that 

prescribe minimum requirements governing protection of camp cars that house railroad 

employees.
Camp Car Rules Compliance Manual

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The industrial hygienist and inspector’s first concern must be the safety of the inspection 

participants. In addition, all inspection activities must be conducted according to the personal 

safety instructions in the FRA Office of Safety General Manual and the FRA Safety Policy, 

Procedures, and Recommendations (Safe at Work). 

The Camp Car Rules Compliance Manual clarifies the industrial hygienist and inspector roles in 

implementing the FRA railroad safety program. Industrial hygienists and inspectors should use 

this manual to gain a better understanding of the Federal railroad safety laws and regulations. 

However, having a thorough knowledge and understanding of the laws and regulations alone is 

not enough to be a good industrial hygienist or inspector. The success and effectiveness of 

FRA’s safety assurance and compliance programs hinges on the ability to use good judgment and 

approaches with the railroad industry. Industrial hygienists and inspectors have considerable 

enforcement discretion, and this manual should be used for guidance on how to exercise that 

discretion. Each inspection will present the industrial hygienist and inspector with a new 

situation; if the manual does not provide adequate guidance for a particular situation, the 

industrial hygienist or inspector should seek the assistance of the Staff Director of the Industrial 

Hygiene Division. 

Discussions of the regulations and referenced consensus standards and other Federal regulations 

and standards in this manual provide guidance for each CFR section, but are not to be construed 

as modifications, alterations, or revisions of the published regulations or standards. Comments 

and suggestions for future changes and additions are invited and should be forwarded to the 

Associate Administrator for Railroad Safety/Chief Safety Officer. 

The guidance in this manual may be revoked or modified by memoranda from the Associate 

Administrator for Railroad Safety/Chief Safety Officer. The manual is intended to provide 

internal guidance and does not provide any basis for a private party to challenge FRA’s exercise 

of enforcement discretion. All inspection activities must be conducted according to the policies 

and guidelines contained in the FRA Office of Safety General Manual.

Adherence to the guidance in this manual will help FRA achieve uniform enforcement of Federal 

railroad safety laws and regulations. This uniformity is necessary for effective program 

management as mandated by the Federal Railroad Safety Act (Public Law 91-458). 

1.2 Role of Industrial Hygienists and Inspectors 

Camp Car Rules will be enforced by FRA industrial hygienists and inspectors from different 

disciplines, but primarily from the Track and Operating Practices disciplines. 

Industrial Hygienists

Industrial hygienists are scientists and engineers committed to protecting the health and safety of 

people in the workplace and the community. The field of industrial hygiene is defined as the 

science and art devoted to the anticipation, recognition, evaluation, prevention, and control of 

those environmental factors in the working environment that can lead to injury or illness. 
Camp Car Rules Compliance Manual

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Inspectors

The provisions of this manual apply equally to all FRA safety personnel directed by proper 

authority to implement and enforce the Railroad Workplace Safety Program. The term 

“inspector” refers to an FRA or State inspector of any discipline who has been properly assigned 

to implement and enforce the Railroad Workplace Safety Program.

Operating Practices inspectors examine carrier operating rules, employee qualification 

guidelines, and carrier training and testing programs to determine compliance with the Railroad 

Safety Act of 1970, railroad occupational safety and health standards, the Hours of Service Act, 

and accident and personal injury reporting requirements. 

Track inspectors have primary responsibility to implement and enforce the Railroad Workplace 

Safety Program. They will follow the general guidelines in the Track Enforcement Manual and 

the specific guidelines in this manual. Inspectors employed by States that participate in FRA 

railroad safety programs will follow the policies and procedures contained in this manual.

1.3 Basis for the Revised Regulations 

The purpose of the revised regulations is to protect the health and safety of employees who use 

camp cars. The regulations prescribe minimum Federal health and safety standards for camp car 

location, construction, and sanitation and environmental requirements for the occupants. The 

regulations do not restrict a railroad or railroad contractor from adopting and enforcing more 

stringent requirements.

FRA developed the changes and additions to 49 CFR Part 228 prescribing minimum safety and 

health requirements for camp cars that a railroad provides as sleeping quarters to any of its 

covered-service employees or individuals employed to maintain its right-of-way according to 

mandates contained in § 420 of the Rail Safety Improvement Act of 2008 (Public Law 110–432). 

Under separate but related statutory authority, FRA also amended its regulations at 49 CFR 

Part 228, Subpart C, regarding construction of employee sleeping quarters. In particular, FRA’s 

existing guidelines with respect to the location, in relation to switching or humping of hazardous 

materials, of a camp car that is occupied exclusively by individuals employed to maintain a 

railroad’s right-of-way are being replaced with regulatory amendments prohibiting a railroad 

from positioning such a camp car in the immediate vicinity of the switching or humping of 

hazardous materials. 

1.4 Recommended Safe Work Practices

Industrial hygienists and inspectors should refer to the booklet, FRA Safety Policy, Procedures, 

and Recommendations (Safe at Work), to assist in the performance of job duties. Following the 

prescribed procedures will reduce the risk of personal injuries. The potential for injuries 
Camp Car Rules Compliance Manual

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increases when the prescribed procedures are not properly followed. Staying alert and never 

taking the job environment for granted will also help avoid injuries. 

The FRA Safety and Health Committee compiled this set of safe work procedures for the 

inspector to follow in the day-to-day work activities. They were developed from a study of 

existing railroad safety rules and by FRA colleagues in their participation in the various job 

safety analysis activities. If the information in the booklet is not clear or if it does not provide 

enough material to make a sound decision, the inspector should contact the collateral duty Safety 

officer, industrial hygienist, or the Staff Director of the Industrial Hygiene Division. Remember, 

no job is so important and no service is so urgent that FRA staff cannot take time to perform all 

work safely.

1.5 Complaint Investigation 

Complaints are generally filed by railroad employees, labor organizations, or the general public. 

The complaint may be submitted by letter, email, telephone, fax, or in person. Complaints may 

be referred by other State or Federal agencies. The industrial hygienist and/or inspector assigned 

to a complaint investigation usually knows the identity of the complainant and the names of 

potentially helpful contacts. The investigation must be conducted without revealing to anyone 

outside FRA that a complaint is or was under investigation. An inspector must not, under any 

circumstances, reveal the identity of the complainant to anyone not employed by FRA, unless: 

• The complainant authorizes such disclosure in writing; or 

• FRA refers the matter to the Attorney General (AG) for enforcement or discussion 

limited to persons within the AG’s office. See 49 U.S.C. 20109. 

The region or the FRA Staff Director, Industrial Hygiene Division, will assign the complaint to 

an inspector or industrial hygienist, who will complete the investigation within 60 days. If a 

complaint investigation cannot be completed within 60 days, the inspector and/or the industrial 

hygienist will write a memorandum or email to the regional office or the FRA Staff Director, 

Industrial Hygiene Division, explaining the reasons for the delay. Every 5 days until completion 

of the complaint, the inspector or the industrial hygienist will submit a memorandum or email to 

the regional office and/or FRA headquarters explaining the status of the complaint.

1.6 Compliance Determinations 

FRA’s principal method of enforcement is through inspections. Generally, an industrial 

hygienist will act as team leader of a team that will examine a railroad’s camp cars and any 

required documents associated with them at a given camp site. The team will examine whether 

the railroad is providing camp cars that meet the requirements of the regulations. 

The team will speak with the employees and managers who occupy the cars, review records 

(e.g., noise monitoring records, local emergency plans, potable water certificates), review the site 

relative to proscribed operations (switching or humping of hazardous materials cars), and 
Camp Car Rules Compliance Manual

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determine the extent to which the railroad is complying with the requirements of the regulations. 

If warranted, FRA will take enforcement action against the railroad. 

1.7 Regular Inspection

Industrial hygienists or inspectors are not required to announce their presence on railroad 

property, nor are they required to provide advance notice of an inspection, investigation, 

followup, or surveillance activity. However, advance notice may be necessary to ensure the 

availability of records, equipment, carrier representatives, or persons to be interviewed. 

Upon completion of an inspection, the industrial hygienist and/or the inspectors must confer with 

railroad representatives to advise them of any noncomplying conditions or practices discovered 

by the inspection. Noncompliance with the Camp Car Rules will only be cited by the industrial 

hygienists and/or inspectors. Industrial hygienists and/or inspectors may not issue a written 

report at the time of the closing conference if any information review, analysis of noise 

measurement, or other data needs to be done after the site inspection. However, within 5 work 

days of the inspection, the industrial hygienists and/or inspectors will verbally communicate the 

result to the railroad representative and follow up with a report within the allowable timeframe. 

If there is no railroad representative available, a railroad official must be verbally contacted 

within 5 work days of the inspection to be advised of the results. 

1.8 Definitions 

This section explains terms used in this manual that are not defined in 49 CFR Part 228. 

CBA means Collective Bargaining Agreement. 

Foot candle means a unit of illuminance or light intensity widely used in photography, film, 

television, conservation lighting, and the lighting industry. The “footcandle” is the equivalent of 

one lumen per square foot. One footcandle is approximately equal to 10.764 lux. In practical 

applications, as when measuring room illumination, it is very difficult to measure illuminance 

more accurately than ±10 percent. 

Grey water means wastewater generated from domestic activities such as laundry, dishwashing, 

and bathing. Grey water differs from water from the toilets which is called sewage or black

water to indicate it contains human waste.

Vermin means noxious, objectionable, or disgusting animals collectively, especially those of 

small size that appear commonly, are difficult to control, are destructive or annoying, are vectors 

of disease or themselves are injurious to health. They include fleas, flies, lice, bedbugs, 

cockroaches, mice, and rats. 
Camp Car Rules Compliance Manual

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1.9 Recommended Equipment and Materials

Determinations of compliance for some of these regulations must be based on measurements or 

specific tests. The following is a list of devices or materials that can be used for the 

measurements or tests. The mention of a particular brand or supplier of the product does not 

constitute an endorsement nor signify that the device or material is the only one that can be used 

for the intended purpose. The brand names are only used for illustrative purposes. 

A digital camera, a small ruler and a 20- or 25-foot tape measure should be available to measure 

and document defects as well as compliant conditions. 

Electric circuit polarity and ground check: 

Woodhead 1750 GE 50542 Greenlee GT-10GFI

$42–54 $7.50 $13.50 

The rest of this page is intentionally blank. 
Camp Car Rules Compliance Manual

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Quick response thermometer: 

ThermoWorks RT600C- Super-Fast Pocket Thermometer, $19 

Comark Model 300, $18 

Light meter: Chlorine test paper: 

Mastech Digital Illuminance/ Indigo Instruments 

Light Meter LX1330B, $30 Chlorine Test Papers 0-200 parts per million (ppm) 

 $2.50 per package 

 Thomas Scientific

 3108T15, $5.75 

 
Camp Car Rules Compliance Manual

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Chapter 2–49 CFR Part 228–Subpart A and Subpart C

2. Section-by-Section Guidance 

This chapter covers the amendments to 49 CFR Part 228 that were formulated to incorporate the 

mandated changes contained in the Rail Safety Improvement Act of 2008–Section 420 Employee 

Sleeping Quarters. Included in this chapter is some of the new rule text along with the previous 

version to illustrate the changes. 

New rule text Original rule text

§ 228.1 Scope.

This part— 

(a) Prescribes reporting and recordkeeping 

requirements with respect to the hours of 

service of certain railroad employees and 

certain employees of railroad contractors 

and subcontractors; and 

(b) Establishes standards and procedures 

concerning the construction or 

reconstruction of sleeping quarters. 

Note: A new subsection (c) is added.

(c) Establishes minimum safety and health 

standards for camp cars provided by a 

railroad as sleeping quarters for its

employees and individuals employed to 

maintain its rights of way; and

[76 FR 67087, October 31, 2011]

§ 228.1 Scope.

This part— 

(a) Prescribes reporting and recordkeeping

requirements with respect to the hours of 

service of certain railroad employees and 

certain employees of railroad contractors 

and subcontractors; and

(b) Establishes standards and procedures 

concerning the construction or 

reconstruction of employee sleeping

quarters.

[43 FR 31012, July 19, 1978, as amended at 74 FR 

25345, May 27, 2009]

Compliance Guidance – § 228.1(c)

The added language clarifies that the rule covers camp cars occupied by maintenance-of-way 

(MOW) workers in addition to occupancy by hours of service (HOS) employees. HOS 

employees who may make use of sleeping quarters generally are understood to mean 

engineers and conductors. 

 Interview the managers of the railroad or railroad contractor to determine if they 

understand that camp cars occupied by MOW workers are covered by these rules.

• Does the railroad provide camp cars to all classes of workers included in the Scope? 

Defect Code – 228.001.C Failure to provide compliant camp cars to all classes of 

workers included in Scope.
Camp Car Rules Compliance Manual

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New rule text Original rule text

§ 228.3 Application and responsibility for

compliance.

(a) Except as provided in paragraph (b) of 

this section, subparts B and D of this part 

apply to all railroads, all contractors for 

railroads, and all subcontractors for 

railroads. Except as provided in 

paragraph (b) of this section, subparts C 

and E of this part apply only to all 

railroads.

(b) Subparts B through E of this part do not 

apply to: 

(1) A railroad, a contractor for a railroad, 

or a subcontractor for a railroad that 

operates only on track inside an 

installation that is not part of the

general railroad system of 

transportation (i.e., a plant railroad as 

defined in § 228.5); 

(2) Tourist, scenic, historic, or excursion 

operations that are not part of the 

general railroad system of

transportation as defined in § 228.5, 

except as provided in§ 228.413(d)(2); 

or 

(3) Rapid transit operations in an urban 

area that are not connected to the

general railroad system of

transportation. 

(c) The application of subpart F of this part is 

set forth in § 228.401.

§ 228.3 Application.

(a) Except as provided in paragraph (b) of 

this section, this part applies to all 

railroads and contractors and 

subcontractors of railroads. 

(b) This part does not apply to: 

(1) A railroad or a contractor or 

subcontractor of a railroad that 

operates only on track inside an 

installation which is not part of the 

general railroad system of 

transportation; or 

(2) Rapid transit operations in an urban 

area that are not connected with the 

general railroad system of 

transportation. 

[74 FR 25345, May 27, 2009]

Compliance Guidance – § 228.3(b) 

Does the railroad (or contractor) meet one of the exceptions listed in this section?

• Operates only within a facility?

• Is a railroad that operates tourist, scenic, historic, or excursion operations? 

• Is a rapid transit operation NOT connected to the general railroad system?

Defect Code – 228.003.B Railroad, contractor for a railroad, or subcontractor for a 

railroad claims an improper exemption from compliance 

with camp car regulations.
Camp Car Rules Compliance Manual

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§ 228.5 Definitions. 

Note: This section was amended to add the following: 

Camp car means a trailer and/or on-track vehicle, including an outfit, camp, bunk car, or 

modular home mounted on a flatcar, or any other mobile vehicle or mobile structure used to 

house or accommodate an employee or MOW worker. An office car, inspection car, specialized 

maintenance equipment, or wreck train is not included. 

MOW worker means an individual employed to inspect, install, construct, repair, or maintain 

track, roadbed, bridges, buildings, roadway facilities, roadway maintenance machines, electric 

traction systems, and right of way of a railroad. 

Plant railroad means a plant or installation that owns or leases a locomotive, uses that 

locomotive to switch cars throughout the plant or installation, and is moving goods solely for use 

in the facility’s own industrial processes. The plant or installation could include track 

immediately adjacent to the plant or installation if the plant railroad leases the track from the 

general system railroad and the lease provides for (and actual practice entails) the exclusive use 

of that trackage by the plant railroad and the general system railroad for purposes of moving only 

cars shipped to or from the plant. A plant or installation that operates a locomotive to switch or 

move cars for other entities, even if solely within the confines of the plant or installation, rather 

than for its own purposes or industrial processes, will not be considered a plant railroad because 

the performance of such activity makes the operation part of the general railroad system of 

transportation. 

Tourist, scenic, historic, or excursion operations that are not part of the general railroad system 

of transportation means a tourist, scenic, historic, or excursion operation conducted only on track 

used exclusively for that purpose (i.e., there is no freight, intercity passenger, or commuter 

passenger railroad operation on the track).

Compliance Guidance – § 228.5 

None. 

Defect Code – None. 

The rest of this page is intentionally blank. 
Camp Car Rules Compliance Manual

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Note: The heading of Subpart C of 49 CFR Part 228 is revised to read as follows:

Subpart C—Construction of Railroad-Provided Sleeping Quarters

New rule text Original rule text

§ 228.101 Distance requirement for

employee sleeping quarters; definitions

used in this subpart.

§ 228.101 Distance requirement; 

definitions.

(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.

(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.

Compliance Guidance – § 228.101 

 None. 

Defect Code – None. 

Note: Section 228.102 is added to Subpart C.

§ 228.102 Distance requirement for camp cars provided as sleeping quarters exclusively to 

MOW workers.

(a) The hours of service laws at 49 U.S.C. 21106(b) provide that a railroad that uses camp cars 

must comply with 49 U.S.C. 21106(a) no later than December 31, 2009. Accordingly, on or 

after December 31, 2009, a railroad shall not begin construction or reconstruction of a camp 

car provided by the railroad as sleeping quarters exclusively for MOW workers within or in 

the immediate vicinity of any area where railroad switching or humping of placarded cars is 

performed.

(b) This subpart includes definitions of most of the relevant terms (§ 228.101(b) and (c)), the 

procedures under which a railroad may request a determination by the Federal Railroad 

Administration that a particular proposed site for the camp car is not within the ‘‘immediate 

vicinity’’ of railroad switching or humping operations (§§ 228.103 and 228.105), and the 

basic criteria utilized in evaluating proposed sites. See § 228.5 for definitions of other terms. 
Camp Car Rules Compliance Manual

12 

For purposes of this § 228.102, references to ‘‘employees’’ in §§ 228.103 through 228.107 

shall be read to include MOW workers. 

Compliance Guidance – § 228.102 

 This section explicitly indicates that the placement of MOW worker-occupied camp cars 

is restricted in the same manner as sleeping quarters occupied by employees covered by 

the HOS laws. The presumption established in § 228.103(b) applies only to covered 

employees under the HOS laws. Currently, FRA may not rely on this presumption to 

prove a violation of § 228.102 for camp cars occupied exclusively by MOW workers

that were moved on or after Dec. 31, 2009 and remained too close to placarded switching 

or humping operations. In other words, FRA inspectors need to provide adequate 

evidence of the insufficient distance of the camp cars from placarded humping or 

switching operations, e.g., by being an eyewitness and measuring the distance, from other 

witnesses, or any other means. However, if the camp car is occupied by both MOW 

workers and covered employees under the HOS laws, then the presumption would apply. 

If further guidance on this interpretation is needed, please contact the Industrial Hygiene 

Division Staff Director, currently Alan Misiaszek ((202) 493-6002 or 

Alan.Misiaszek@dot.gov), or the Office of Chief Counsel Trial Attorney, currently 

Michael Hunter ((202) 493-0368 or Michael.Hunter@dot.gov). 

 Determine if switching or humping operations of placarded cars occurs within one-half

mile of the camp car camp.

 Measure from the nearest rail of the nearest track where switching or humping operations 

are performed to the point on the site where the closest exterior wall of the closest camp 

car is located.

• Are camp cars far enough away from identified operations? 

Defect Code – 228.102 Failure to locate camp cars at a sufficient distance from 

switching or humping operations of placarded cars. 

The rest of this page is intentionally blank. 
Camp Car Rules Compliance Manual

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Chapter 3–49 CFR Part 228–Subpart E

3. Section-by-Section Guidance 

This chapter covers the specific requirements of the new Subpart E, Safety and Health 

Requirements for Camp Cars Provided by Railroads as Sleeping Quarters, most of which had 

previously been guidelines in Appendix C to 49 CFR Part 228. 

§ 228.303 Application and responsibility for compliance. 

(a) This subpart applies to all railroads except the following: 

(1) Railroads that operate only on track inside an installation that is not part of the general 

railroad system of transportation (i.e., plant railroads, as defined in § 228.5); 

(2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad 

system of transportation as defined in § 228.5; or 

(3) Rapid transit operations in an urban area that are not connected to the general railroad 

system of transportation. 

Compliance Guidance – § 228.303(a) 

This language has the same effect as § 228.3(b) (see Chapter 2 above).

Defect Code – None. 

§ 228.303(b) Although the duties imposed by this subpart are generally stated in terms of the 

duty of a railroad, each person, including a contractor or subcontractor for a railroad, who 

performs any task or provides camp cars covered by this subpart, shall do so in accordance with 

this subpart. 

Compliance Guidance – § 228.303(b) 

 Contractors and subcontractors for railroads that provide camp cars for employee 

accommodations or services related to them are treated as if they are railroads with 

respect to compliance with this part.

• Do contractors or subcontractors for a railroad comply with Subpart E? 

Defect Code – 228.303.B Failure of a contractor or subcontractor for a railroad to 

comply with subpart E. 

§ 228.305 Compliance date. 

On and after December 30, 2011, a railroad shall not provide a camp car for use as sleeping 

quarters by an employee or MOW worker unless the camp car complies with all requirements of 

this subpart. 
Camp Car Rules Compliance Manual

14 

Compliance Guidance – § 228.305 

 Compliant camp cars must be provided as of December 30, 2011. 

• Does the railroad provide a camp car for use as sleeping quarters by an employee or 

MOW worker that complies with all requirements of this subpart? 

Defect Code – 228.305 Failure to provide compliant camp cars. 

§ 228.307 Definitions.

Compliance Guidance – § 228.307 

 None. (Definitions in this section are for the terms used throughout the regulations.) 

Defect Code – None. 

§ 228.309 Structure, emergency egress, lighting, temperature, and noise-level standards.

(a) General. Each camp car must be constructed in a manner that will provide protection 

against the elements.

Compliance Guidance – § 228.309(a) 

 The exterior should not have any flaws, such as penetrations, fittings, windows and 

doors/frames damage, that compromise the structure’s ability to provide protection from 

the elements. 

 Visually inspect each camp car to ensure that the building envelope is intact, and that 

there are no breaches to the camp car that will expose occupants to the elements. 

 Document flaws by written description or photographs. Written descriptions must 

identify the specific cars and locations of flaws.

• Is each camp car constructed in a manner that will provide protection against the 

elements?

Defect Code – 228.309.A Failure to maintain structural integrity of camp cars in such 

a way that occupants will be protected from the elements.

§ 228.309(b) Floors. Floors must be of smooth and tight construction and must be kept in good 

repair.

Compliance Guidance – § 228.309(b) 

 Visually inspect each camp car’s floors.

• Are the floors of smooth, tight construction and kept in good repair? 

Defect Code – 228.309.B Failure to maintain smooth, tight construction of floors. 

This is the overall defect for both contractor and railroad-supplied camp cars. If criteria 

defined below do NOT meet requirements, this overall defect will be cited.
Camp Car Rules Compliance Manual

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§ 228.309(c) Windows and other openings. (1) All camp cars must be provided with 

windows the total area of which must be not less than 10 percent of the floor area. At least onehalf of each window designed to be opened must be so constructed that it can be opened for 

purposes of ventilation. Durable opaque window coverings must be provided to reduce the 

entrance of light during sleeping hours. 

Compliance Guidance – § 228.309(c)(1) 

 Measure and inspect the windows. 

• Is the surface area of all windows at least 10 percent of the overall floor dimensions? 

• Is at least one-half of each window designed to be opened for ventilation? 

• Do the windows have coverings that reduce light during sleeping hours? 

Defect Code – 228.309.C1 Failure to provide windows that meet the structural 

requirements.

§ 228.309(c)(2) All exterior openings must be effectively screened with 16-mesh material. All 

screen doors must be equipped with self-closing devices.

Compliance Guidance – § 228.309(c)(2) 

 Inspect each camp car.

• Are all exterior openings effectively screened with 16-mesh material? (16 mesh window 

screen is 16 wires x 16 wires per inch.) 

• Are all screen doors equipped with a self-closing device?

Defect Code – 228.309.C2 Failure to provide adequate exterior opening protection. 

§ 228.309(d) Steps, entry ways, passageways, and corridors. All steps, entry ways, 

passageways, and corridors providing normal entry to or between camp cars must be constructed 

of durable weather-resistant material and properly maintained. Any broken or unsafe fixtures or 

components in need of repair must be repaired or replaced promptly. 

Compliance Guidance – § 228.309(d) 

 Inspect each camp car steps, entry ways, passageways, and corridors. 

• Are any broken or unsafe fixtures or components in need of repair repaired or replaced 

promptly? 

• Are all walking surfaces constructed of durable weather-resistant material? 

• Are all walking surfaces properly maintained?

Defect Code – 228.309.D1 Failure to construct walking surfaces of durable weatherresistant material.

Defect Code – 228.309.D2 Failure to maintain walking surfaces in good repair. 
Camp Car Rules Compliance Manual

16 

§ 228.309(e) Emergency egress. Each camp car must be constructed in a manner to provide 

adequate means of egress in an emergency situation. At a minimum, a means of emergency 

egress must be located in at least two places in camp car for emergency exits. 

Compliance Guidance – § 228.309(e) 

 Visually inspect each camp car for exits.

• Does each camp car provide at least two emergency exits?

Defect Code – 228.309.E Failure to provide adequate means of egress in case of an 

emergency situation. 

§ 228.309(f) Lighting. Each habitable room in a camp car including but not limited to a toilet 

room, that is provided to an occupant must be provided with adequate lighting as specified 

below: 

(1) When occupants are present, the pathway to any exit not immediately accessible to 

occupants, such as through an interior corridor, shall be illuminated at all times to values 

of at least 1 foot-candle measured at the floor, provided that where the pathway passes 

through a sleeping compartment, the pathway up to the compartment will be illuminated, 

but illumination is not required inside the sleeping compartment.

(2) Toilet and shower rooms shall have controlled lighting that will illuminate the room to 

values of at least 10 foot-candles measured at the floor.

(3) Other areas shall have controlled lighting that will illuminate the room area to values of 

at least 30 foot-candles measured at the floor.

Compliance Guidance – § 228.309(f) 

 Measure each specified space illuminance at floor level. Document levels in report. 

• Is each exit pathway lighted with at least 1 footcandle?

• Is each toilet and shower room lighted with at least 10 footcandles? 

• Are all other areas lighted with at least 30 footcandles?

Defect Code – 228.309.F1 Failure to provide minimum of 1-foot candle in all exit 

pathways. 

Defect Code – 228.309.F2 Failure to provide a minimum of 10-foot candles in toilet 

and shower rooms. 

Defect Code – 228.309.F3 Failure to provide a minimum of 30-footcandles, in other 

areas. 

§ 228.309(g) Temperature. Each camp car must be provided with equipment capable of 

maintaining a temperature of at least 68 degrees Fahrenheit (F.) during cold weather and no 

greater than 75 degrees F. during hot weather. A temperature of at least 68 degrees F. during 

cold weather and no greater than 75 degrees F. during hot weather must be maintained within an 

occupied camp car unless the equipment is individually controlled by its occupant(s). 
Camp Car Rules Compliance Manual

17 

Compliance Guidance – § 228.309(g) 

 Determine if there is a thermostat or other temperature control present in each camp car.

 Interview the occupants to determine if they set the temperature outside the required 

range for their preference.

• Is the temperature control set to a temperature within the required or preferred range?

• If the device has a thermometer, does the temperature match the setting?

Defect Code – 228.309.G Failure to provide equipment for maintaining a temperature 

of at least 68 degrees Fahrenheit (F.) during cold weather 

and no greater than 75 degrees F. during hot weather. 

§ 228.309(h) Noise control. Noise levels attributable to noise sources under the control of the 

railroad shall not exceed an Leq(8) value of 55 dB(A), with windows and doors closed and 

exclusive of noise from cooling, heating, and ventilating equipment, for any 480-minute period 

during which the facility is occupied. 

Compliance Guidance – § 228.309(h) 

 Interview the occupants to determine if they are disturbed by noise during sleeping 

periods. 

 If occupants have noise complaints, perform noise measurements to determine if the 

Leq(8) value exceeds 55 dB(A) for any 480-minute period during which the facility is 

occupied. 

 Determine if noise sources are from passing trains, camp car generator sets, or other noise 

sources under the railroad’s control. 

• Has camp car management conducted any noise measurements? 

If so, obtain copies of the results. 

• Do the levels comply? 

• If FRA does measurements, are the findings within the limit?

Defect Code – 228.309.H Failure to control noise from noise sources attributable to 

the railroad.

§ 228.311 Minimum space requirements, beds, storage, and sanitary facilities. 

(a) Each camp car used for sleeping purposes must contain at least 80 square feet of floor space 

for each occupant, with a maximum of four occupants per car. At least a 7-foot ceiling, 

measured at the entrance to the car, must be provided.

Compliance Guidance – § 228.311(a) 

 Measure the overall length and width of the camp car to determine the overall floor space 

and divide by 4. If the result is at least 80 square feet, the car is compliant.

 Measure the height of the ceiling at the door location to determine if the camp car has at 

least a 7-foot ceiling.
Camp Car Rules Compliance Manual

18 

• Does each camp car contain at least 80 square feet of floor space for each occupant, with 

a maximum of four occupants per car? 

• Does each camp car have at least a 7-foot ceiling, measured at the entrance to the car?

Defect Code – 228.311.A1 Failure to provide at least 80 square feet of floor space for 

each occupant, when used for sleeping purposes, with a 

maximum of four occupants per car. 

Defect Code – 228.311.A2 Failure to provide at least a 7-foot ceiling.

§ 228.311(b) A bed, cot, or bunk for each occupant and suitable lockable storage facility, such 

as a lockable wall locker, or space for a lockable foot locker for each occupant’s clothing and 

personal articles must be provided in every room used for sleeping purposes. Except where 

partitions are provided, such beds or similar facilities must be spaced not closer than 36 inches 

laterally (except in rail-mounted modular units, where the beds shall be spaced not closer than 30 

inches, and highway trailer units, where the beds shall be spaced not closer than 26 inches) and 

30 inches end to end, and must be elevated at least 12 inches from the floor. Multi-deck bunks, 

multi-deck bunk beds, and multi-deck similar facilities may not be used.

Compliance Guidance – § 228.311(b) 

 Visually inspect each camp car. Beds must have lateral spacing of at least:

o 36 inches for non-partitioned occupancy, or 

o 30 inches for rail-mounted modular units, or 

o 26 inches for highway trailer units, and 

o At least 30 inches end to end, and 

o At least 12 inches from the floor. • Are the beds, cots, or bunks in the car spaced properly? 

• Are there lockable wall- or footlockers available? 

Defect Code – 228.311.B Failure to provide a properly spaced bed, cot, or bunk, or 

lockable storage. 

§ 228.311(c) Unless otherwise provided by a collective bargaining agreement, clean linens must 

be provided to each occupant. 

Compliance Guidance – § 228.311(c) 

 Request a copy of the CBA from the carrier and/or the labor organization representing the 

employees (if any).

 Determine if the CBA addresses provision of clean linens. 

• Are clean linens provided for each occupant per the CBA? 

If no CBA applies, are clean linens provided for each occupant? 

Defect Code – 228.311.C Failure to provide clean linens to each occupant. 
Camp Car Rules Compliance Manual

19 

§ 228.311(d) In a camp car where occupants cook, live, and sleep, a minimum of 120 square 

feet of floor space per occupants must be provided. Sanitary facilities must be provided for 

storing and preparing food. See also § 228.325. 

Compliance Guidance – § 228.311(d) 

 Inspect the food storage and sleeping areas in cars used for storing and preparing food. 

 Measure the overall length and width of the camp car to determine the overall floor space 

and divide by the number of occupants who live and sleep in the car. If the result is at 

least 120 square feet per each occupant who lives and sleeps in the car, the car is 

compliant.

For any camp cars used for both sleeping and living quarters and for storing and preparing food: 

• Is sufficient floor space provided? 

• Is the food storage and preparation area clean and sanitary? 

Defect Code – 228.311.D1 Failure to provide 120 square feet of floor space per 

occupant when used for cooking, living, and sleeping 

purposes. 

Defect Code – 228.311.D2 Failure to provide sanitary facilities for storing and 

preparing food. 

§ 228.313 Electrical system requirements. 

(a) All heating, cooking, ventilation, air conditioning, and water heating equipment must be 

installed in accordance with an industry-recognized standard. Upon request by FRA, the railroad 

must identify the industry-recognized standard that it utilizes and establish its compliance with 

that standard. 

Compliance Guidance – § 228.313(a) 

 Request that the railroad identify the industry-recognized standard that it uses for 

electrical system installations.

 There are several regional, State, or local building code standards that are based on or 

incorporate NFPA 70: National Electrical Code, published by the National Fire 

Protection Association. Appendix C contains a listing of the codes adopted by State or 

local jurisdictions. 

 Many NEC requirements refer to “listed” or “labeled” devices and appliances. This 

means that the item has been designed, manufactured, tested, or inspected, and marked 

according to the requirements of the listing agency. 

 To be listed, the device has to meet the testing and other requirements set by a listing 

agency such as Underwriters Laboratories (UL), MET Laboratories, Inc. (MET), Intertek 

Group (ETL), Canadian Standards Association (CSA), and FM Approvals (FM). 

 Inspect installed appliances to determine that they have one of the labels below. 

• Did the railroad identify and provide a copy of the standard? 

• Was equipment installed in conformance with the standard? 

• Was installed equipment listed or approved by one of the listing agencies?
Camp Car Rules Compliance Manual

20 

Defect Code – 228.313.A1 Failure to provide a copy of the industry-recognized 

standard upon request by the FRA. 

Defect Code – 228.313.A2 Failure to install equipment according to an industryrecognized standard.

Defect Code – 228.313.A3 Failure to install approved equipment. 

§ 228.313(b) All electrical systems installed, including external electrical supply connections, 

must be compliant with an industry-recognized standard. Upon request by FRA, the railroad 

must identify the industry-recognized standard that it utilizes and establish its compliance with 

that standard. 

 

Compliance Guidance – § 228.313(b) 

 Using a circuit tester, check a random selection of interior 

and exterior duplex outlets to determine proper polarity and 

grounding. 

• Is the electrical system wired properly?

Defect Code – 228.313.B Failure to have properly wired 

electrical system according to 

an industry-recognized 

standard and/or failure to 

provide a copy of the standard 

upon request by the FRA. 
Camp Car Rules Compliance Manual

21 

§ 228.313(c) Each occupied camp car shall be equipped with or serviced by a safe and working 

HVAC system. 

Compliance Guidance – § 228.313(c) 

 Inspect each occupied camp car to determine if it equipped with or serviced by a working 

HVAC system. 

• Is the camp car equipped with or serviced by a working system as required?

• Is the system labeled with one of the testing laboratory approval labels as in 

§ 228.313(a)?

Defect Code – 228.313.C Failure to equip each camp car with a safe and working 

HVAC system.

§ 228.315 Vermin control. 

Camp cars shall be constructed, equipped, and maintained to prevent the entrance or harborage 

of rodents, insects, or other vermin. A continuing and effective extermination program shall be 

instituted where the presence of vermin is detected.

Compliance Guidance – § 228.315 

 Inspect the exterior of the camp cars for entry points for rodents or other vermin. Any 

holes, cracks, or gaps of one-quarter inch in size or larger are sufficient for rodents to 

enter. Common points of entry are: 

o Beneath exterior doorways; 

o Through gaps around water, electrical, gas, vent, and sewer lines; 

o Through unscreened pipes, exhausts, chimneys, and vents; 

o Through broken screens and gaps in window and door facings; and 

o Under and through trailer skirting. 

 Inspect the interior of the camp cars for evidence of insects or harborage for rodents. 

Mice will nest in anything that doesn’t move. Furniture, clothing, paper, plastic sacks, 

cardboard boxes, and other similar items are used by rodents for shelter. All forms of 

clutter must be eliminated. Look in out of-the-way corners (for example, inside closets or 

storage lockers) for evidence of shredded paper or clothing or mouse droppings. 

 Look for sources of food for rodents or vermin including waste containers, snacks, and 

other food left in the open or outside of glass or metal containers. 

 Take pictures of any noncomplying conditions. 

• Is each camp car constructed, equipped, and maintained to prevent the entrance or 

harborage of rodents, insects, or other vermin?

• If there is evidence of infestation, has the railroad instituted a continuing and effective 

extermination program? 

Defect Code – 228.315.A1 Failure to construct, equip, and maintain camp cars to 

prevent the entrance or harborage of rodents, insects, or 

other vermin. 

Defect Code – 228.315.A2 Failure to institute a continuing and effective extermination 

program. 
Camp Car Rules Compliance Manual

22 

§ 228.317 Toilets. 

(a) Number of toilets provided. Each individual camp car that provides sleeping facilities 

must have one room with a functional toilet for a total of one or two occupants, and one 

additional room with a functional toilet if there are a total of three or four occupants.

Compliance Guidance - § 228.317(a) 

 Inspect each camp car and determine if it has the proper number of toilets. 

Defect Code – 228.317.A Failure to equip each camp car with proper number of 

toilets.

§ 228.317(b) Construction of toilet rooms. 

Each toilet room must occupy a separate compartment with a door that latches and have walls or 

partitions between fixtures sufficient to assure privacy. 

Compliance Questions and Guidance - § 228.317(b) 

• Do toilet rooms comply? 

Defect Code – 228.317.B Failure to provide a properly constructed toilet room.

§ 228.317(c) Supplies and sanitation. (1) An adequate supply of toilet paper must be provided 

in each toilet room, unless provided to the occupants individually. 

Compliance Guidance - § 228.317(c)(1) 

 Inspect each camp car and speak with occupants.

• Is toilet paper provided as required? 

Defect Code – 228.317.C1 Failure to provide an adequate supply of toilet paper in 

each toilet room.

§ 228.317(c)(2) Each toilet must be kept in a clean and sanitary condition and cleaned regularly 

when the camp car is being used. In the case of a non-water carriage toilet facility, it must be 

cleaned and changed regularly when the camp car is being used.

Compliance Guidance – § 228.317(c)(2) 

 Inspect each camp car and interview occupants.

• Is each toilet found in a clean and sanitary condition? 

• Is each toilet cleaned regularly when the camp car is being used?

• Are non-water carriage toilets cleaned and changed regularly when the camp car is being 

used? 

Defect Code – 228.317.C2 Failure to maintain toilet(s) in clean and sanitary condition 

when camp car is being used.
Camp Car Rules Compliance Manual

23 

§ 228.317(d) Sewage disposal facilities. (1) All sanitary sewer lines and floor drains from a 

camp car toilet facility must be connected to a public sewer where available and practical, unless 

the car is equipped with a holding tank that is emptied in a sanitary manner. 

Compliance Guidance – § 228.317(d)(1) 

 Grey water is the waste water from sinks and showers. It is usually combined with toilet 

waste and disposed of through a sanitary sewer system. 

 The toilets in most camp cars are similar to those used on some locomotives and 

commuter cars (known as Microphor toilets). They are biological toilets that use bacteria 

to break down the human waste and then chlorinate the resultant fluid before it enters the 

disposal stream.

 Determine if a public sewer is available and connection from the camp is practical. In 

most cases, the only available public sanitary sewers would be associated with public 

campgrounds. In these cases, the State in which the campground is located will have 

regulations governing the use of these facilities. You will need to contact the State or 

local health department to determine its regulations. 

 Determine if there is an available sanitary sewer in close proximity to the camp. 

 Determine if there is an available and practical means of making a connection. 

 Determine if there are holding tanks used for disposal of toilet waste and grey water.

• Where there is an available sanitary sewer in close proximity to the camp car and there is 

a practical means of making a connection, are the sanitary and floor drains connected? 

If not: 

• Are the holding tanks used for disposal of toilet waste and grey water emptied in a 

sanitary manner?

Defect Code – 228.317.D1i Failure to connect all sanitary sewer lines and floor drains 

to a public sewer or a holding tank. 

Defect Code – 228.317.D1ii Failure to empty holding tanks in a sanitary manner.

§ 228.317(d)(2) The sewage disposal method must not endanger the health of occupants. 

Compliance Guidance – § 228.317(d)(2) 

 If a sanitary sewer connection is used, inspect connection and lines leading to it for 

integrity. Make note of or photograph any leaks. 

 If holding tanks are used, inspect lines and connections to each tank for leaks. 

• Does the sewage disposal method prevent the escape of sewage that could endanger the 

health of occupants? 

Defect Code – 228.317.D2 Failure to provide a sewage disposal method which protects

the health of the occupants. 

§ 228.317(d)(3) For toilet facilities connected to a holding tank, the tank must be constructed in 

a manner that prevents vermin from entry and odors from escaping into the camp car.

Compliance Guidance – § 228.317(d)(3) 

 Inspect the connection to the holding tank and the vents on each tank. There must be no 
Camp Car Rules Compliance Manual

24 

gaps or leaks in the connections. The vents must have either 16 mesh screen or other 

type of covering of similarly small opening to prevent entry of insects or other vermin. 

• Are the tanks and connections constructed in a manner that prevents vermin from entry 

and odors from escaping into the camp car? 

Defect Code – 228.317.D3 Failure to connect toilet facilities to a holding tank in a 

manner that prevents vermin from entry and odors from 

escaping into the camp car.

§ 228.319 Lavatories. 

(a) Number. Each camp car that provides a sleeping facility must contain at least one 

functioning lavatory for a total of one or two occupants and an additional functional lavatory if 

there is a total of three or four occupants. 

Compliance Guidance – § 228.319(a) 

 Lavatory in this section refers to a sink/wash basin not a toilet. 

• Does each camp car used for sleeping contain at least one functioning lavatory for each 

two occupants? 

Defect Code – 228.319.A Failure to provide a proper number of functioning 

lavatories. 

§ 228.319(b) Water. Each lavatory must be provided with hot and cold potable running water. 

The water supplied to a lavatory must be from a potable water source supplied through a system 

maintained as required in § 228.323. 

Compliance Guidance – § 228.319(b) 

 Hand-test the water temperature in a random number of lavatories.

 The evaluation of the supply system and potability of the water must be determined 

by evaluation of compliance with § 228.323. 

• Is each lavatory provided with hot and cold running water? 

Defect Code – 228.319.B Failure to provide hot and cold running potable water in 

lavatory.

§ 228.319(c) Soap. Unless otherwise provided by a collective bargaining agreement, hand soap 

or similar cleansing agents must be provided.

Compliance Guidance – § 228.319(c) 

 Request a copy of the CBA from the carrier and/or the labor organization representing the 

employees (if any).

 Inspect each camp car lavatory and speak with occupants to determine if they have 

adequate supplies of soap or similar materials.
Camp Car Rules Compliance Manual

25 

• Is hand soap provided per the CBA?

• If no CBA applies, is hand soap provided? 

Defect Code – 228.319.C Failure to provide hand soap. 

§ 228.319(d) Means of drying. Unless otherwise provided by a collective bargaining 

agreement, individual hand towels, of cloth or paper, warm air blowers, or clean sections of 

continuous cloth toweling must be provided near the lavatories. 

Compliance Guidance – § 228.319(d) 

 Request a copy of the CBA from the carrier and/or the labor organization representing the 

employees (if any).

 Inspect each camp car lavatory and speak with occupants. 

• Is hand drying provided for each lavatory per the CBA? 

• If no CBA applies, is hand drying provided for each lavatory? 

Defect Code – 228.319.D Failure to provide means of drying. 

§ 228.321 Showering facilities. 

(a) Number. Each individual camp car that provides sleeping facilities must contain a 

minimum of one shower for a total of one or two occupants and an additional functional shower 

if the camp car contains a total of three or four occupants. 

Compliance Guidance – § 228.321(a) 

 Inspect each camp car to ascertain compliance.

• Are sufficient showers provided? 

Defect Code – 228.321.A Failure to equip each camp car with proper number of 

showers. 

§ 228.321(b) Floors. 

(1) Shower floors must be constructed of non-slippery materials; 

(2) Floor drains must be provided in all shower baths and shower rooms to remove waste 

water and facilitate cleaning; 

(3) All junctions of the curbing and the floor must be sealed; 

(4) There shall be no fixed grate or other instrument on the shower floor significantly 

hindering the cleaning of the shower floor or drain; 

Compliance Guidance – § 228.321(b)(1)–(4)

 Inspect each camp car shower to determine compliance.

• Are shower floors nonslip? 

• Are floor drains present? 

• Are shower curbing and floor junctions properly sealed?
Camp Car Rules Compliance Manual

26 

• Are shower floors and drains constructed to permit cleaning (with no fixed grates to 

interfere with cleaning)? 

Defect Code – 228.321.B1 Failure to construct shower floors with non-slippery 

materials.

Defect Code – 228.321.B2 Failure to provide floor drains in each shower facility. 

Defect Code – 228.321.B3 Failure to seal the junctions of the curbing in each shower 

facility.

Defect Code – 228.321.B4 Failure to provide for adequate cleaning of the shower floor 

or drain. 

§ 228.321(c) Walls and partitions. The walls and partitions of a shower room must be smooth 

and impervious to the height of splash. 

Compliance Guidance – § 228.321(c) 

 Inspect each camp car shower to determine compliance.

 “The height of splash” is generally 72 inches above the shower floor or 3 inches above 

the shower head, whichever is higher. 

• Are the walls and partitions of each shower room smooth and impervious to the height of 

splash? 

Defect Code – 228.321.C Failure to provide smooth and impervious walls and 

partitions in each shower facility to the height of the splash. 

§ 228.321(d) Water. An adequate supply of hot and cold running potable water must be 

provided for showering purposes. The water supplied to a shower must be from a potable water 

source supplied through a system maintained as required in § 228.323. 

Compliance Guidance – § 228.321(D) 

 Hand-test the water temperature in a random number of showers. 

(The evaluation of the supply system and potability of the water must be determined by 

evaluation of compliance with § 228.323). 

• Is each shower provided with hot and cold running water? 

Defect Code – 228.321.D Failure to provide hot and cold running potable water for 

showering purposes. 

Note: The following combines two interrelated subsections.

§ 228.321(e) Showering necessities. (1) Unless otherwise provided by a collective bargaining 

agreement, body soap or other appropriate cleansing agent convenient to the showers must be 

provided. 

§ 228.321(e)(3) Unless otherwise provided by a collective bargaining agreement, each occupant 

who uses a shower must be provided with an individual clean towel. 
Camp Car Rules Compliance Manual

27 

Compliance Guidance – § 228.321(e)(1) and (3)

 Request a copy of the CBA from the carrier and/or the labor organization representing the 

employees (if any).

 Inspect each camp car lavatory and speak with occupants to determine if they have 

adequate supplies of cleansing agents and towels. 

• Does the CBA address provision of cleansing agents? 

• Does the CBA address provision of clean towels? 

• If no CBA applies, is each shower provided with cleansing agents and clean towels? 

• Are they convenient to the showers? 

Defect Code – 228.321.E1 Failure to provide appropriate cleansing agent. 

Defect Code – 228.321.E3 Failure to provide each occupant with a clean towel.

§ 228.321(e)(2) Showers must be provided with hot and cold water feeding a common discharge 

line.

Compliance Guidance – § 228.321(e)(2) 

• Does each shower provide hot and cold water feeding a common discharge line? (This 

means a shower head connected to a fixture that mixes hot and cold water.) 

Defect Code – 228.321.E2 Failure to provide hot and cold water feeding a common 

discharge line.

§ 228.323 Potable water. 

(a) General requirements. (1) Potable water shall be adequately and conveniently provided to 

all occupants of a camp car for drinking, personal oral hygiene, washing of person, cooking, 

washing of foods, washing of cooking or eating utensils, and washing of premises for food 

preparation or processing. 

Compliance Guidance – § 228.323(a)(1) 

 This is a general requirement and must be cited after evaluation of the individual 

elements of compliance in this section finds a majority of the elements are deficient.

• Is potable water adequately and conveniently provided to all occupants of a camp car for 

drinking, personal oral hygiene, washing of person, cooking, washing of food, washing of 

cooking or eating utensils, and washing of premises for food preparation or processing? 

Defect Code – 228.323.A1 Failure to provide potable water in each camp car.

§ 228.323(a)(2) Open containers such as barrels, pails, or tanks for drinking water from which 

the water must be dipped or poured, whether or not they are fitted with a cover, are prohibited. 

Compliance Guidance – § 228.323(a)(2) 

 Determine by observation and interviews if any open containers are used. 

• Are all containers used for providing potable drinking water in the camp cars constructed 
Camp Car Rules Compliance Manual

28 

in a manner to prevent contamination and not open for common access such as barrels, 

pails, or open topped tanks? 

Defect Code – 228.323.A2 Failure to provide potable water in appropriate containers. 

§ 228.323(a)(3) A common drinking cup and other common utensils are prohibited. 

Compliance Guidance – § 228.323(a)(3) 

 Determine if any common drinking cups or utensils are used by observation and 

interviews.

• Are all drinking cups or other utensils being used by the occupants for consumption of 

potable water individually issued, disposable, or cleaned between uses? 

Defect Code – 228.323.A3 Failure to provide individual drinking cups or utensils for 

use with potable water. 

§ 228.323(b) Potable water source. (1) If potable water is provided in bottled form, it shall be 

stored in a manner recommended by the supplier in order to prevent contamination in storage. 

Bottled water shall not be provided as a substitute for the hot and cold running potable water 

required to be supplied in lavatories, showers, and sinks under this section. Bottled water shall 

contain a label identifying the packager and the source of the water.

Compliance Guidance – § 228.323(b)(1) 

 Determine if bottled water is stored as recommended. Most bottled water case packaging 

is printed with storage restrictions such as: 

“Do not stack more than 10 cases high. Do not double-stack pallets.”

 Confirm that such instructions are followed by observation. 

 Confirm by observation that the label identifies the packager and source. (Some bottles 

are labeled by an imprint on the bottle cap rather than an applied label.

• Is bottled water provided? 

• Is bottled water stored in a manner recommended by the supplier? 

• Hot and cold running potable water in lavatories, showers, and sinks is not replaced by 

bottled water? 

• Do the bottles or caps contain a label identifying the packager and the source of the 

water?

 

Defect Code – 228.323.B1i Failure to store provided bottled water according to the 

suppliers restrictions.

Defect Code – 228.323.B1ii Bottled water is provided as a substitute for the hot and 

cold running potable water in lavatories, showers, and 

sinks. 

Defect Code – 228.323.B1iii Bottled water is not properly labeled. 
Camp Car Rules Compliance Manual

29 

§ 228.323(b)(2) If potable water is drawn from a local source, the source must meet the drinking 

water standards established by the U.S. Environmental Protection Agency under 40 CFR part 

141, National Primary Drinking Water Regulations. 

Compliance Guidance – § 228.323(b)(2) 

 Complete evaluation of § 228.323(b)(6) below for this element. 

• Does the source comply?

Defect Code – 228.323.B2 Failure to provide potable water that meets the drinking 

water standards established by the U.S. Environmental 

Protection Agency under 40 CFR Part 141, National 

Primary Drinking Water Regulations. 

Note: The following evaluation element is moved forward since it defines the source 

certification requirements and the alternative for providing a source certified by the 

Environmental Protection Agency (EPA) for potable water. 

§ 228.323(b)(6) Certification. Each time that potable water is drawn from a different local 

source, the railroad shall obtain a certificate from a State or local health authority indicating that 

the water from this source is of a quality not less than that prescribed in 40 CFR part 141, 

National Primary Drinking Water Regulations promulgated by the U.S. Environmental 

Protection Agency, or obtain such a certificate by a certified laboratory following testing for 

compliance with those standards. The current certification shall be kept within the camp for the 

duration of the connection. When the connection is terminated, a copy of each of these records 

must be submitted promptly to a centralized location for the railroad and maintained for one year 

from the date the connection was terminated.

Compliance Guidance – § 228.323(b)(6) 

 Ask for a copy of the current water source certificate.

 Ask if the camp keeps copies of previous certificates.

 When the connection is terminated: 

 Ask how copies of each of these records are submitted to a centralized location for the 

railroad.

 Ask how long this normally takes. (“Promptly” is a relative term. For the purpose of 

guidance, the records should be transmitted within 30 calendar days.) 

 Ask who is responsible for this records transfer. 

• Does the railroad have a certificate for the current potable water connection or source?

• Is the current certification available in the camp? 

• After connection termination, is a copy submitted promptly to a centralized location for 

the railroad? 

• Is a copy of each of these records maintained for 1 year from the date the connection was 

terminated?

Defect Code – 228.323.B6i Failure to obtain certificate from the state or local health 

department. 
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30 

Defect Code – 228.323.B6ii Failure to maintain a signed and dated record within the 

camp for the duration of the connection. 

Defect Code – 228.323.B6iii Failure to submit the record to a centralized location upon 

termination of the connection. 

§ 228.323(b)(3) All equipment and construction used for supplying potable water to a camp car 

water system (e.g., a hose, nozzle, or back-flow prevention) shall be approved by the Food and 

Drug Administration.

Compliance Guidance – § 228.323(b)(3) 

 The Food and Drug Administration’s Food Code, Chapter 5, Water, Plumbing, and Waste 

contains details about the construction of systems and practices involved in storing and 

distributing potable water. The FDA also approves materials used for food grade 

containers including tanks and hoses used for storage and distribution of potable water. 

 Inspect the equipment, perform a records check, and speak with railroad officials, 

occupants, and the FDA if necessary, to ascertain compliance with this part. 

• Do the system components comply?

Defect Code – 228.323.B3 Failure to use systems and equipment that is approved by 

the Food and Drug Administration. 

§ 228.323(b)(4) Water hydrants. Each water hydrant, hose, or nozzle used for supplying 

potable water to a camp car water system shall be inspected prior to use. Each such hose or 

nozzle used shall be cleaned and sanitized as part of the inspection. A signed, dated record of 

this inspection shall be kept within the camp for the period of the connection. When the 

connection is terminated, a copy of each of these records must be submitted promptly to a 

centralized location for the railroad and maintained for one year from the date the connection 

was terminated.

Compliance Guidance – § 228.323(b)(4) 

 Visually inspect the equipment, perform a records check, and interview railroad officials 

and occupants to determine compliance.

• Have all water hydrants, hoses, or nozzles used for supplying potable water to the camp 

car water system been inspected before use?

• Have all hoses or nozzles cleaned and sanitized as part of the inspection? 

• Are records of these inspections available?

• Are the records signed and dated and up-to-date for the current connection? 

• Have copies of each of these records been submitted promptly to a centralized location 

for the railroad once the connection was terminated? 

• Are copies of each of these records maintained for 1 year from the date the connections 

were terminated?

Defect Code – 228.323.B4i Failure to inspect hydrants, hoses, or nozzles prior to use. 

Defect Code – 228.323.B4ii Failure to ensure equipment is clean and sanitary during 

inspection. 
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Defect Code – 228.323.B4iii Failure to maintain a current signed and dated record of the 

inspection. 

Defect Code – 228.323.B4iv Failure to submit copies of these connection records to a 

centralized location for the railroad.

Defect Code – 228.323.B4v Failure to maintain records for one year after termination of 

the connections. 

§ 228.323(b)(5) Training. Only a trained individual is permitted to fill the potable water 

systems. Each individual who fills a potable water system shall be trained in– 

(i) The approved method of inspecting, cleaning, and sanitizing hydrants, hoses, and nozzles 

used for filling potable water systems; and 

(ii) The approved procedures to prevent contamination during watering. 

Compliance Guidance – § 228.323(b)(5) 

 Ask the camp management to identify the individuals who fill the potable water systems.

 Ask for a copy of the training program to determine if it covers: 

o The approved method of inspecting, cleaning, and sanitizing hydrants, hoses, and 

nozzles used for filling potable water systems; and 

o The approved procedures to prevent contamination during watering. 

 A solution for cleaning and sanitizing these devices must have a concentration of chlorine 

of at least 100 ppm. A solution of 1 tablespoon of unscented, liquid Clorox chlorine 

bleach per 2 gallons of drinking water will be about 100 ppm. Check the training to see 

if it has simple mixing instructions similar to this. 

 Interview the designated individuals to see if they are familiar with the contents of the 

training.

• Has each individual who is permitted to fill the potable water system been trained? 

• Does the training cover:

o The approved method of inspecting, cleaning, and sanitizing hydrants, hoses, and 

nozzles used for filling potable water systems?

o The approved procedures to prevent contamination during watering? 

o The correct method for mixing sanitizing solution?

Defect Code – 228.323.B5 Failure to provide adequate training for those individuals 

who fill the potable water system.

§ 228.323(c) Storage and distribution system. 

(1) Storage. Potable water shall be stored in sanitary containers that prevent external 

contaminants from entering the potable water supply. Such contaminants include biological 

agents or materials and substances that can alter the taste or color or are toxic.

 Compliance Guidance – § 228.323(c)(1) 

 Inspect the storage tanks and other equipment used to store potable water. Ensure that 

any relief valves, air inlets, or vents, if present, are fitted with filters. 

 Interview the employee(s) responsible for maintaining the system to find out if these 

types of fittings are present. 
Camp Car Rules Compliance Manual

32 

• Is potable water stored in sanitary containers that prevent external contaminants from 

entering the potable water supply? 

• Are any relief valves, air inlets, or vents fitted with filters?

Defect Code – 228.323.C1 Failure to store potable water in sanitary containers that are 

properly protected. 

§ 228.323(c)(2) Dispensers. Potable drinking water dispensers shall be designed, constructed, 

and serviced so that sanitary conditions are maintained, must be capable of being closed, and 

shall be equipped with a tap. 

Compliance Guidance – § 228.323(c)(2) 

 Inspect a random number of the kitchen sinks, and the camp car lavatories and showers to 

determine the state of sanitation and repair of the plumbing fixtures.

 Interview occupants to determine how quickly repairs are made when failures occur.

• Are potable drinking water dispensers designed, constructed, and serviced so that sanitary 

conditions are maintained? 

• Are dispensers capable of being closed, and equipped with a tap? 

Defect Code – 228.323.C2 Failure to maintain potable water dispensers in a sanitary 

and operable state.

§ 228.323(c)(3) Distribution lines. The distribution lines must be capable of supplying water at 

sufficient operating pressures to all taps for normal simultaneous operation. 

Compliance Guidance – § 228.323(c)(3) 

 Inspect a random number of the kitchen sinks and the camp car lavatories and showers to 

determine if sufficient pressure is present during simultaneous operation. You may need 

the assistance of several others to operate taps at the same time. A good rule of thumb is 

to operate 20 percent of the taps at one time. 

 Interview occupants to determine if they ever experience insufficient pressure when using 

the systems.

• Are distribution lines capable of supplying water at sufficient operating pressures to all 

taps for normal simultaneous operation? 

Defect Code – 228.323.C3 Failure to ensure that distribution system can supply water 

at sufficient operating pressures.

§ 228.323(c)(4) Flushing. Each potable water system shall be drained and flushed with a 

disinfecting solution at least once every 120 days. The railroad shall maintain a record of the 

draining and flushing of each separate system within the camp for the last two drain and flush 

cycles. The record shall contain the date of the work and the name(s) of the individual(s) 

performing the work. The original record shall be maintained with the camp. A copy of each of 

these records shall be sent to a centralized location for the railroad and maintained for one year. 
Camp Car Rules Compliance Manual

33 

Compliance Guidance – § 228.323(c)(4) 

 Ask for copies of the current records. 

 Interview railroad officials to determine who is responsible for maintaining the records 

and transmitting the copies. 

 Interview the responsible person to determine the process used to maintain the records 

and transmit the copies. 

 Contact the centralized location for the railroad and request copies of the records for the 

previous year.

• Is each potable water system drained and flushed with a disinfecting solution at least once 

every 120 days? 

• Are records of the last two drain-and-flush cycles maintained?

• Do the records contain the date of the work and the name(s) of the individual(s) 

performing the work?

• Is the original record maintained with the camp? 

• Are copies of each of these records sent to a centralized location for the railroad and 

maintained for 1 year?

Defect Code – 228.323.C4a1 Failure to drain and flush potable water system at least once 

every 120 days. 

Defect Code – 228.323.C4a2 Failure to maintain records with the required information. 

Defect Code – 228.323.C4a3 Failure to maintain records at the camp as required.

Defect Code – 228.323.C4a4 Failure to transmit records to a centralized location.

Defect Code – 228.323.C4a5 Failure to maintain records at the centralized location.

§ 228.323(c)(4) Flushing. (i)–(iii)

(i) The solution used for flushing and disinfection shall be a 100 parts per million by volume 

(ppm) chlorine solution. 

(ii) The chlorine solution shall be held for one hour in all parts of the system to ensure 

disinfection. 

(iii) The chlorine solution shall be purged from the system by a complete refilling and draining 

with fresh potable water.

Compliance Guidance – § 228.323(c)(4) Flushing. (i)–(iii)

 Request a copy of the flushing procedure. 

 Determine how they make up the solution. 

 A solution of 1 tablespoon of unscented, liquid chlorine (Clorox or similar) bleach per 2 

gallons of drinking water will be about 100 ppm. 

 Determine if the procedure provides instructions for similar proportions. For example, 

typical chlorine bleach is 5.25 percent to 6.5 percent chlorine or 52,500 ppm to 

65,000 ppm. 

These are common measurement conversions: 

 1 tsp ≈ 5 ml 1 tbsp = 15 ml 1 cup = 16 tbsp = 240 ml 1 US gal = 3,785 ml 

Concentrations of mixtures can be calculated as shown here (assumes typical 5.25 percent

bleach): 

1 tsp/gal = (5 ml X 52,500 ppm) / 3,785 ml = 69 ppm 

 1 tbsp/gal = (15 ml X 52,500 ppm) / 3,785 ml = 208 ppm 
Camp Car Rules Compliance Manual

34 

 1 tbsp/2 gal = (15 ml X 52,500 ppm) / 7,570 ml = 104 ppm 

 1 cup/32 gal = (240 ml X 52,500ppm) / 12,1120 ml = 104 ppm 

 Interview the person(s) responsible for maintaining the potable water system. 

 Ask the person(s) responsible to make up a small portion of the flushing solution. 

 Ask the person(s) how they ensure the solution is held for the required time. 

 Ask the person(s) how they ensure the solution is purged from the system after treatment. 

 Use chlorine test strips to determine the concentration.

• Is a copy of the flushing procedure available? 

• Is the solution used for flushing and disinfection at least 100 ppm by volume chlorine 

solution? 

• Is the flushing solution held for 1 hour in all parts of the system?

• Is chlorine purged from the system by complete refilling and draining with fresh potable 

water? 

Defect Code – 228.323.C4i Failure to use a flushing and disinfection solution of the 

proper concentration. 

Defect Code – 228.323.C4ii Failure to hold chlorine solution for one hour to ensure 

disinfection. 

Defect Code – 228.323.C4iii Failure to purge the system adequately. 

§ 228.323(c)(4)(iv) The draining and flushing shall be done more frequently if an occupant 

reports a taste or health problem associated with the water, or following any plumbing repair. 

Compliance Guidance – § 228.323(c)(4)(iv) 

 Review the procedures to see how the reports of taste or health are addressed. 

 Ask the person(s) responsible for maintaining the potable water system how often a flush 

is done for one of these reasons. 

 Ask the person(s) responsible how long after the reports is the flush procedure initiated. 

• Is the system drained and flushed promptly after health or taste problem reports or after 

repairs? 

Defect Code – 228.323.C4iv Failure to perform draining and flushing associated with 

problem reports. 

§ 228.323(c)(5) Reported problems. Following any report of a taste problem with the water 

from a system or a health problem resulting from the water in a system, samples of water from 

each tap or dispensing location on the system shall be collected and sent to a laboratory approved 

by the U.S. Environmental Protection Agency for testing for heterotrophic plate counts, total 

coliform, and fecal coliform. If a single sample fails any of these tests, the system must be 

treated as follows: 

(i) Heterotrophic plate count. Drain and flush the system within two days, and then return it 

to service.

(ii) Total coliform. Remove the system from service, drain and flush system, resample the 

system, and then return the system to service. 

(iii) Fecal coliform. Remove the system from service, drain and flush the system, resample 
Camp Car Rules Compliance Manual

35 

the system, and do not return the system to service until a satisfactory result on the test of 

the samples is obtained from the laboratory. 

Compliance Guidance – § 228.323(c)(5)(i)–(iii)

 Ask the person(s) responsible for maintaining the potable water system if, and how 

quickly, they take samples of the water following a bad taste or adverse health event 

report.

 Ask how they select where to take the samples.

 Ask how they decide what to do based on the laboratory findings. 

 Ask to see any laboratory reports associated with past reports of a bad taste or adverse 

health event.

 Ask occupants if they are satisfied with the responses to bad taste or adverse health 

events.

• Are samples collected following a bad taste or adverse health event report as required?

• Do they perform the actions called for depending on the laboratory findings? 

Defect Code – 228.323.C5i Failure to perform potable water sampling and system 

remediation as required, if a sample fails a heterotrophic 

plate count. 

Defect Code – 228.323.C5ii Failure to perform potable water sampling and system 

remediation as required, if a sample fails a total coliform 

test.

Defect Code – 228.323.C5iii Failure to perform potable water sampling and system 

remediation as required, if a sample fails a fecal coliform 

test.

§ 228.323(c)(6) Reports. All laboratory reports pertaining to the water system of the camp car 

shall be maintained with the car. Within 15 days of the receipt of such a laboratory report, a 

copy of the report shall be posted for a minimum of 10 calendar days at a conspicuous location 

within the camp car or cars affected for review by occupants. The report shall be maintained in 

the camp for the duration of the same connection. When the connection is terminated, the 

certification must be submitted promptly to a centralized location for the railroad and maintained 

for one year from the date the connection was terminated. 

Compliance Guidance – § 228.323(c)(6) 

 Interview occupants and the person(s) who maintain the system to determine if any 

testing has been done for the current connection. 

 If testing has been done:

o Determine if the reports are/were posted as required. 

o Request copies of records sent to the centralized location and review the dates when 

they were sent and if the retention times are appropriate.

• Has any laboratory testing been done for the current connection? 

If Yes:

• Have all reports of such tests been posted for the required time? 

• Have they been posted within 15 days of receipt?

• Have they been posted for at least 10 days? 
Camp Car Rules Compliance Manual

36 

• Have they been sent to the centralized location after the connection was terminated?

• Have they been maintained for 1 year? 

Defect Code – 228.323.C6 Failure to perform the recordkeeping and reporting 

procedures as required. 

§ 228.323(d) Signage. Any water outlet/faucet within the camp car facility that supplies water 

not from a potable source or that is from a potable source but supplied through a system that is 

not maintained as required in this section, the outlet/faucet must be labeled with a sign, visible to 

the user and bearing a message to the following effect: “The water is not suitable for human 

consumption. Do not drink the water.” 

Compliance Guidance – § 228.323(d) 

 Ask the person(s) responsible for maintaining the potable water system, or railroad 

officials, if any water is dispensed from nonpotable outlets. 

 Inspect the outlets to determine if proper signs are present. 

• Are any water outlets or faucets within the camp car facility connected to a nonpotable 

source?

Yes No

• Is potable water supplied through a system that is not maintained as required in this 

section?

Yes No

If both are No, go to 228.325; if either is Yes, answer the following: 

• Are water outlets or faucets that dispense nonpotable water systems properly labeled as 

required? 

Defect Code – 228.323.D Failure to identify non-potable water outlets with required 

signs.

§ 228.325 Food service in a camp car or separate kitchen or dining facility in a camp. 

See note under § 228.325(d)(1) below.

§ 228.325(a) Sanitary storage. No food or beverage may be stored in a toilet room or in an 

area exposed to a toxic material.

§ 228.325(b) Consumption of food or beverage on the premises. No occupant shall be 

allowed to consume a food or beverage in a toilet room or in any area exposed to a toxic 

material.

Compliance Guidance – § 228.325(a)–(b)

 Inspect a random number of the camp car toilet rooms, any storage areas where nonfood 

items such as lubricants, cleaners, and other potentially hazardous materials are stored to 

ensure no food is stored there. 

 Inspect the storage areas of the food service cars to ensure no chemicals are stored in the 

same locations as food. 

 Interview railroad officials and occupants to determine if anyone consumes food in any 

of these areas.
Camp Car Rules Compliance Manual

37 

 FRA will not take an individual liability against an employee for storing food improperly 

in a toilet room or similar area. FRA staff will use enforcement discretion, and realize 

the limits of management in getting their employees not to store food improperly, taking 

into consideration: 

o Any warnings or notices the railroad gave not to store food in these locations; 

o The amount of space the employee has to store food outside of their “bedrooms”; and

o Whether they have the ability to store food completely outside their rooms, such as in 

a common fridge or the kitchen car. 

• Is the storage of food or beverage in a toilet room or in an area exposed to a toxic 

material clearly prohibited?

• Is the consumption of food or beverage in a toilet room or in an area exposed to a toxic 

material clearly prohibited?

Defect Code – 228.325.A Failure to maintain sanitary conditions for food storage. 

Food and/or beverage stored in a toilet room or area 

exposed to toxic material.

Defect Code – 228.325.B Failure to maintain sanitary conditions for food 

consumption. Food and/or beverage consumed in a toilet 

room or area exposed to toxic material.

§ 228.325(c) Kitchens, dining halls, and feeding facilities. (1) In each camp car where 

central dining operations are provided by the railroad or its contractor(s) or subcontractor(s), the 

food handling facilities shall be maintained in a clean and sanitary condition. See § 228.323, 

Potable water, generally.

(i) All surfaces used for food preparation shall be disinfected after each use. 

(ii) The disinfection process shall include removal of chemical disinfectants that would 

adulterate foods prepared subsequent to disinfection. 

Compliance Guidance – § 228.325(c)(1)(i)–(ii)

• Does the railroad or its contractor(s) or subcontractor(s) provide central dining operations 

in camp cars?

Yes No

If Yes, do the following; if No, go to 228.329(a). 

 Interview the food service personnel about their disinfection procedures. 

 Most food service facilities use a wiping cloth soaked in a sanitizing solution to wipe 

down work surfaces. Ask for a demonstration. Ask them what they use for a sanitizing 

solution. 

 Most food service facilities use either a 50–100 ppm chlorine solution or a quaternary 

ammonia compound (quat) with a concentration of 150–400 ppm. 

 Use test strips specific to the compound used to test the concentration. See the discussion 

above under § 228.323(c)(4) about how to calculate chlorine concentrations. Quaternary 

ammonia compound packaging typically contains specific instructions for making up the 

proper concentrations. 

 Ask for a copy of the Material Safety Data Sheet (MSDS) or note the name of the 

manufacturer, product name, and any other label information to allow us to get an MSDS 

later.
Camp Car Rules Compliance Manual

38 

• Are the food handling facilities maintained in a clean and sanitary condition?

• Are all food preparation surfaces disinfected after each use?

• Are the disinfectants removed to prevent food adulteration?

Defect Code – 228.325.C1 Failure to maintain clean and sanitary conditions in food 

handling facilities. 

Defect Code – 228.325.C1i Failure to disinfect food preparation surfaces after each use. 

Defect Code – 228.325.C1ii Failure to remove chemical disinfectants.

§ 228.325(c)(2) All perishable food shall be stored either under refrigeration or in a freezer. 

Refrigeration and freezer facilities shall be provided with a means to monitor temperature to 

ensure proper temperatures are maintained. The temperature of refrigerators shall be maintained 

at 40 oF or below; the temperature of freezers shall be maintained at 0 oF or below at all times.

Compliance Guidance – § 228.325(c)(2) 

 Do a visual inspection and speak with occupants. 

 Test the temperature with a calibrated quick response thermometer.

• Is all perishable food stored either under refrigeration or in a freezer? 

• Do the refrigerators and/or freezers have temperature gauges?

• Are refrigerators maintained at 40° F or below? 

• Are the freezers maintained at 0° F or below?

Defect Code – 228.325.C2 Failure to maintain food temperatures within the ranges 

specified. 

§ 228.325(c)(3) All non-perishable food shall be stored to prevent vermin and insect infestation. 

Compliance Guidance – § 228.325(c)(3) 

 Inspect cabinets and other storage locations for physical integrity. There must be no 

holes, gaps, or other openings that would permit the entry of mice or bugs. A mouse can 

get through a space as small as one-quarter inch in diameter (about the size of a wooden 

pencil) and can jump 12 or more inches straight up. 

 Inspect the inside of the cabinets and the containers and packages within the storage 

locations for evidence of infestation such as live or dead bugs, insect eggs, mouse 

droppings, etc. 

• Are storage locations and cabinets free of holes, gaps, or other openings that would 

permit the entry of mice or bugs in the storage locations? 

• Are storage locations and cabinets free of evidence of infestation such as live or dead 

bugs, insect eggs, or mouse droppings? 

Defect Code – 228.325.C3 Failure to store non-perishable food items to prevent 

vermin and insect infestation. 
Camp Car Rules Compliance Manual

39 

§ 228.325(c)(4) )(i)–(ii) All food waste disposal containers shall be constructed to prevent 

vermin and insect infestation. 

(i) All food waste disposal containers used within a camp car shall be emptied after each 

meal, or at least every four hours, whichever period is less. 

(ii) All food waste disposal containers used outside a camp car shall be located to prevent 

offensive odors from entering the sleeping quarters. 

Compliance Guidance – § 228.325(c)(4)(i)–(ii) 

 Inspect the containers and interview the food service personnel and the occupants. 

• Are all food waste disposal containers intact and fitted with covers to prevent infestation?

• Are the containers emptied within the required time frames?

• Are any containers used outside located to prevent offensive odors from entering the 

sleeper camp cars?

Defect Code – 228.325.C4 Failure to utilize properly constructed food waste 

containers.

Defect Code – 228.325.C4i Failure to empty food waste containers as required. 

Defect Code – 228.325.C4ii Failure to locate food waste containers appropriately. 

§ 228.325(c)(4)(iii)–(iv) 

(iii) All kitchen area camp car sinks used for food washing and preparation and all kitchen area 

floor drains shall be connected to a public sewer where available and practicable, unless the 

car is equipped with a holding tank that is emptied in a sanitary manner. For kitchen area 

sinks and floor drains identified in this paragraph (c)(4)(iii) connected to a holding tank, the 

tank must be constructed in a manner that prevents vermin from entry into the tank or odors 

from escaping into any camp car.

(iv) The sewage disposal method must not endanger the health of occupants. 

Compliance Guidance – § 228.325(c)(4)(iii)–(iv)

 Perform a visual inspection and interview managers and employees. 

• Are the kitchen sinks and floor drains connected to a public sewer? 

Yes No

If Yes, does the connection prevent release of any sewage?

If No, are the kitchen sinks and floor drains connected to a holding tank? 

Yes No

If Yes, answer the following; if No, go to 228.325(c)(5). 

• Is the holding tank emptied in a sanitary manner? 

Defect Code – 228.325.C4iii Failure to connect sinks and drains to a public sewer if 

available, or a holding tank that is emptied into a sanitary 

sewer.

Defect Code – 228.325.C4iv Failure to maintain a sewage disposal method that does not 

endanger the health of occupants. 
Camp Car Rules Compliance Manual

40 

§ 228.325(c)(5) When a separate kitchen or dining hall car is provided, there must be a closeable 

door between the living or sleeping quarters into a kitchen or dining hall car. 

Compliance Guidance – § 228.325(c)(5) 

 Perform a visual inspection. 

• Do any of the camp cars have a kitchen or dining hall in the same car as living or 

sleeping quarters?

Yes No

If Yes, answer the following; if No, go to 228.325(d). 

• Is there a closeable door between the living or sleeping quarters and the kitchen or dining 

hall?

Defect Code – 228.325.C5 Failure to maintain a closeable door between the living or 

sleeping quarters into a kitchen or dining hall car. 

§ 228.325(d) Food handling. (1) All food service facilities and operations for occupants of a 

camp car by the railroad or its contractor(s) or subcontractor(s) shall be carried out in accordance 

with sound hygienic principles. In all places of employment where all or part of the food service 

is provided, the food dispensed must be wholesome, free from spoilage, and must be processed, 

prepared, handled, and stored in such a manner as to be protected against contamination. See 

§ 228.323, Potable water, generally.

Compliance Guidance – § 228.325(d)(1) 

Note: This is an overarching requirement that encompasses practices evaluated in 

§ 228.325(a) through § 228.325(c) as well as § 228.325(d)(2) below. This defect code will

be used if any of the cited sections are identified as being noncompliant. 

 Perform a visual inspection and interview occupants. 

• Is the food free from spoilage? 

• Is the food processed, prepared, handled, and stored protected against contamination?

Defect Code – 228.325.D1 Failure to carry out food service operations with sound 

hygienic principles.

§ 228.325(d)(2) No person with any disease communicable through contact with food or a food 

preparation item may be employed or permitted to work in the preparation, cooking, serving, or 

other handling of food, foodstuffs, or a material used therein, in a kitchen or dining facility 

operated in or in connection with a camp car. 

Compliance Guidance – § 228.325(d)(2) 

 Observe and interview food service personnel and interview camp occupants and 

management.

 Signs or symptoms of illness include paleness, unusual skin color (yellowish), unusual 

flushing, excessive sweating, shakiness, complaints of headaches, coughing sneezing, etc. 
Camp Car Rules Compliance Manual

41 

Note: This is a sensitive issue, so be discreet and do not reveal findings to anyone in the 

camp. Consult with the Office of Chief Counsel and the Medical Director before 

issuing a defect finding.

• Has anyone involved with the food service activities shown signs or symptoms of, or 

been diagnosed with, any disease communicable through contact with food or a food 

preparation item?

Defect Code – 228.325.D2 Failure to ensure no person with a communicable disease 

works in the food service or dining facility operated in, or 

in connection with, a camp car. 

§ 228.325(e) The limitations of paragraphs (c) and (d) of this section do not apply to food 

service from restaurants near the camp car consist that are subject to State law.

Compliance Guidance – § 228.325(e) 

Exclusionary language to limit application to railroad camp car food services facilities.

Defect Code – None. 

§ 228.327 Waste collection and disposal. 

(a) General disposal requirements. All sweepings, solid or liquid wastes, refuse, and garbage 

in a camp must be removed in such a manner as to avoid creating a menace to health and as often 

as necessary or appropriate to maintain a sanitary condition. 

Compliance Guidance – § 228.327(a) 

 Perform an inspection and interview managers and employees. 

• Are waste and garbage being removed in a timely manner?

• Is there a schedule or minimum timeframe established by the camp to remove waste?

• Is the schedule being followed?

Defect Code – 228.327.A Failure to remove all sweepings, solid or liquid wastes, 

refuse, and garbage in such a manner to maintain sanitary 

conditions. 

§ 228.327(b) General waste receptacles. Any exterior receptacle used for putrescible solid or 

liquid waste or refuse in a camp shall be so constructed that it does not leak and may be 

thoroughly cleaned and maintained in a sanitary condition. Such a receptacle must be equipped 

with a solid tight-fitting cover, unless it can be maintained in a sanitary condition without a 

cover. This requirement does not prohibit the use of receptacles designed to permit the 

maintenance of a sanitary condition without regard to the aforementioned requirements. 

Compliance Guidance – § 228.327(b) 

 Inspect containers for evidence of current or past leaks and good fitting covers. 

 Interview occupants to determine if these conditions are maintained. 
Camp Car Rules Compliance Manual

42 

• Are waste receptacles equipped with a solid tight-fitting cover?

OR 

• Can waste receptacles be maintained in a sanitary condition without a cover? 

• Are damaged or leaking containers repaired or replaced as necessary?

Defect Code – 228.327.B Failure to construct and maintain exterior receptacles used 

for putrescible solids and liquids as required by this part. 

§ 228.327(c) Food waste disposal containers provided for the interior of camp cars. An 

adequate number of receptacles constructed of smooth, corrosion resistant, easily cleanable, or 

disposable materials, must be provided and used for the disposal of waste food. Receptacles 

must be provided with a solid, tight-fitting cover unless sanitary conditions can be maintained 

without use of a cover. The number, size, and location of such receptacles must encourage their 

use and not result in overfilling. They must be emptied regularly and maintained in a clean, safe, 

and sanitary condition. 

Compliance Guidance – § 228.327(c) 

 This section applies to food service cars, not to camp cars provided as sleeping quarters. 

 Visually inspect the location and condition of the containers. 

 Material such as plastic, galvanized steel, plastic-lined heavy paper or similar materials 

are acceptable. 

 Paper containers should be removed to outside storage more frequently (for example, 

after each meal period). 

 Interview occupants to determine if the conditions observed are typical. 

• Are there an adequate number of food waste disposal containers present? 

• Are the containers constructed of smooth, corrosion resistant, easily cleanable, or 

disposable materials? 

• If used, are paper containers removed to outside storage more frequently–for example, 

after each meal period?

• Are all containers that are not disposable fitted with proper covers? 

• Are the number, size, and location of such receptacles adequate for the intended use and 

the population served? 

• Is there any evidence of overfilling? 

• Are they emptied regularly?

• Are they maintained in a clean, safe, and sanitary condition?

Defect Code – 228.327.C Failure to provide an adequate number of clean, safe, and 

sanitary waste receptacles equipped with a solid, tightfitting cover within each camp car.

§ 228.329 Housekeeping. 

(a) A camp car must be kept clean to the extent allowed by the nature of the work performed by 

the occupants of the camp car.
Camp Car Rules Compliance Manual

43 

Compliance Guidance – § 228.329(a) 

 Perform a visual inspection and speak with occupants. 

• Is each camp car kept reasonably clean?

• Do occupants have tools and supplies to keep their spaces clean?

Defect Code – 228.329.A Failure to maintain camp car in clean condition to the 

extent allowed by the work performed.

§ 228.329(b) To facilitate cleaning, every floor, working place, and passageway must be kept 

free from protruding nails, splinters, loose boards, and unnecessary holes and openings. 

Compliance Guidance – § 228.329(b) 

 Inspect each car to determine the condition of the walls and walking surfaces.

 Interview occupants to determine if unacceptable conditions occur and how quickly they 

are repaired. 

• Are walking surfaces and walls in good shape and free of prohibited flaws? 

Defect Code – 228.329.B Failure to maintain floor, working space, and passageway 

free from protruding nails, splinters, loose boards, and 

unnecessary holes and openings. 

§ 228.331 First aid and life safety. 

(a) An adequate first aid kit must be maintained and made available for occupants of a camp car 

for the emergency treatment of an injured person. 

§ 228.331(b) The contents of the first aid kit shall be placed in a weatherproof container with 

individual sealed packages for each type of item, and shall be checked at least weekly when the 

camp car is occupied to ensure that the expended items are replaced. The first aid kit shall 

contain, at a minimum, the following:

(1) Two small gauze pads (at least 4 x 4 inches);

(2) Two large gauze pads (at least 8 x 10 inches);

(3) Two adhesive bandages;

(4) Two triangular bandages; 

(5) One package of gauge roller bandage that is at least 2 inches wide;

(6) Wound cleaning agent, such as sealed moistened towelettes; 

(7) One pair of scissors;

(8) One set of tweezers;

(9) One roll of adhesive tape; 

(10) Two pairs of latex gloves; and 

(11) One resuscitation mask.

Compliance Guidance – § 228.331(a) and (b) 

 Inspect a random number of camp cars and the first aid kits in them to determine 

compliance.

 Interview the occupants and managers to determine how the first aid kits’ contents are 

maintained.
Camp Car Rules Compliance Manual

44 

• Does each camp car have a first aid kit?

• Is the kit in a weatherproof container? 

• Does each kit have individual sealed packages for each type of item required? 

• Does the kit contain the number of the items required? 

• Are the kits checked at least weekly when the camp car is occupied to ensure that the 

expended items are replaced?

Defect Code – 228.331.A Failure to maintain an adequate first aid kit as required.

Defect Code – 228.331.B Failure to maintain an adequate first aid kit placed in a 

weatherproof container with individual sealed packages for 

each item, and checked at least weekly. Failure to maintain 

an adequate number of the first aid items required by this 

part. 

§ 228.331(c) Each sleeping room shall be equipped with the following: 

(1) A functional portable Type ABC fire extinguisher; and 

(2) Either a functional smoke alarm and a carbon monoxide alarm, or a functional combined 

smoke-carbon-monoxide alarm. 

Compliance Guidance – § 228.331(c) 

 Inspect a random number of camp cars and determine if they have fire extinguishers and 

smoke/carbon-monoxide (CO) alarms.

 Inspect the fire extinguishers to determine if they are charged and ready.

• Are all sleeping rooms equipped with the proper type of fire extinguisher?

• Are all sleeping rooms equipped with a functional smoke alarm and CO alarm or with a 

combined smoke/CO alarm?

Defect Code – 228.331.C1 Failure to equip each sleeping room with a functional 

portable Type ABC fire extinguisher. 

Defect Code – 228.331.C2 Failure to equip each sleeping room with a functional 

smoke/CO alarm. 

§ 228.331(d) Each camp car consist shall have an emergency preparedness plan prominently 

displayed so all occupants of the camp car consist can view it at their convenience. The plan 

shall address the following subjects for each location where the camp car consist is used to house 

railroad employees or MOW workers: 

(1) The means used to be aware of and notify all occupants of impending weather threats, 

including thunderstorms, tornados, hurricanes, floods, and other major weather-related 

risks;

(2) Shelter-in-place and emergency and evacuation instructions for each of the specific 

threats identified; and

(3) The address and telephone number of the nearest emergency medical facility and 

directions on how to get there from the camp car consist. 
Camp Car Rules Compliance Manual

45 

Compliance Guidance – § 228.331(d) 

 Interview occupants to determine the location of the plan. 

 Inspect the plan to ensure it has items that address all the required circumstances.

• Does the camp car consist have an emergency preparedness plan?

• Is it displayed in a location where all occupants of the camp car consist can view it at 

their convenience?

• Does the plan contain information that addresses each of the emergency situations 

required?

Defect Code – 228.331.D1 Failure to display an emergency preparedness plan in each 

camp car consist. 

Defect Code – 228.331.D2 Failure of the emergency preparedness plan to adequately 

address the subjects required. 

§ 228.333 Remedial action. 

A railroad shall, within 24 hours after receiving a good faith notice from a camp car occupant or 

an employee labor organization representing camp car occupants or notice from a Federal 

Railroad Administration inspector, including a certified State inspector under part 212 of this 

chapter, of noncompliance with this subpart, correct each non-complying condition on the camp 

car or cease use of the camp car as sleeping quarters for each occupant. In the event that such a 

condition affects the safety or health of an occupant, such as, but not limited to, water, cooling, 

heating, or eating facilities, sanitation issues related to food storage, food handling or sewage 

disposal, vermin or pest infestation, or electrical hazards, the railroad must immediately upon

notice provide alternative arrangements for housing and providing food to the employee or 

MOW worker until the condition adverse to the safety or health of the occupant(s) is corrected. 

Compliance Guidance – § 228.333 

• Has the railroad received any good faith notices of noncompliance? 

Yes No

If Yes, answer the following; if No, go to 228.335(a). 

• Has the railroad promptly responded to good faith notices of noncompliance as required? 

• Were the identified conditions corrected within 24 hours of the notice?

OR 

• Was the car taken out of service within 24 hours of the notice? 

• Was the condition such that it required the provision of alternative arrangements? 

Yes No

If Yes, answer the following; if No, go to 228.335(a). 

• Were the occupants provided alternative arrangements?

Defect Code – 228.333.A1 Failure to take remedial action to correct non-complying 

conditions within the required time frame.

Defect Code – 228.333.A2 Failure to provide alternative accommodations or food 

service while remedial actions are completed. 
Camp Car Rules Compliance Manual

46 

§ 228.335 Electronic recordkeeping. 

(a) Each railroad shall keep records as required by § 228.323 either– 

(1) On paper forms provided by the railroad, or 

(2) By electronic means that conform with the requirements of subpart D of this part. 

Compliance Guidance – § 228.335(a) 

 Request and inspect records including: 

o Water source certificates,

o Noise monitoring records, 

o Local emergency plans,

o Potable water system cleaning and flushing records,

o Potable water laboratory test reports.

• Does the railroad keep records as required by § 228.323 either– 

o On paper forms provided by the railroad, or 

o By electronic means that conform with the requirements of Subpart D of this part? 

Defect Code – 228.335.A Failure to keep records as required either on paper forms or 

by electronic means that conform with the requirements of 

subpart D of this part. 

§ 228.335(b) Records required to be kept shall be made available to the Federal Railroad 

Administration as provided by 49 U.S.C. 20107. 

Compliance Guidance – § 228.335(b) 

 Request copies, or access to, the local records required to be kept. 

 Speak with railroad officials to determine the location of the centralized records archive. 

 Arrange to have the centralized records archive visited for a records review to determine 

compliance.

• Are the required local records kept/displayed in the camp? 

• Are they made available to the FRA?

• Are the required records copies maintained by the railroad at a central location?

• Are they made available to the FRA?

Defect Code – 228.335.B Failure to make required records available to the Federal 

Railroad Administration as required. 
Appendix A

Excerpts From 40 CFR Part 141 

National Primary Drinking Water Regulations for 

Maximum Allowable Concentrations (MACs) 

Applicable to Potable Water Testing 

These excerpts from the standard show the citations where the standards are set. 

All of the individual section tables are combined in a single table at the end of this appendix. 

Subpart B—Maximum Contaminant Levels 

§ 141.11 Maximum contaminant levels for inorganic chemicals.

(a) The maximum contaminant level for arsenic applies only to community water systems. The analyses 

and determination of compliance with the 0.05 milligrams per liter maximum contaminant level for 

arsenic use the requirements of § 141.23. 

(b) The maximum contaminant level for arsenic is 0.05 milligrams per liter for community water 

systems until January 23, 2006. 

(c) [Reserved] 

(d) At the discretion of the State, nitrate levels not to exceed 20 mg/l may be allowed in a noncommunity water system if the supplier of water demonstrates to the satisfaction of the State that: 

(1) Such water will not be available to children under 6 months of age; and 

(2) The non-community water system is meeting the public notification requirements under § 141.209, 

including continuous posting of the fact that nitrate levels exceed 10 mg/l and the potential health effects 

of exposure; and 

(3) Local and State public health authorities will be notified annually of nitrate levels that exceed 10 

mg/l; and 

(4) No adverse health effects shall result. 

§ 141.13 Maximum contaminant levels for turbidity. 

The maximum contaminant levels for turbidity are applicable to both community water systems and 

non-community water systems using surface water sources in whole or in part. The maximum 

contaminant levels for turbidity in drinking water, measured at a representative entry point(s) to the 

distribution system, are: 

(a) One turbidity unit (TU), as determined by a monthly average pursuant to § 141.22, except that five or 

fewer turbidity units may be allowed if the supplier of water can demonstrate to the 

State that the higher turbidity does not do any of the following: 

(1) Interfere with disinfection; 

(2) Prevent maintenance of an effective disinfectant agent throughout the distribution system; or 

(3) Interfere with microbiological determinations. 

(b) Five turbidity units based on an average for two consecutive days pursuant to § 141.22. 

Subpart C—Monitoring and Analytical Requirements 

§ 141.21 Coliform sampling.

(a) Routine monitoring. ... 

(b) Repeat monitoring. (1) If a routine sample is total coliform-positive, the public water system must 

collect a set of repeat samples within 24 hours of being notified of the positive result. A system which 

collects more than one routine sample/month must collect no fewer than three repeat samples for each 

total coliform-positive sample found. A system which collects one 

routine sample/month or fewer must collect no fewer than four repeat samples for each total coliformpositive sample found. 

.... The system must repeat this process until either total coliforms are not detected in one complete set 

of repeat samples or the system determines that the MCL for total coliforms in 
§ 141.63 has been exceeded and notifies the State. 

§ 141.61 Maximum contaminant levels for organic contaminants. 

§ 141.61(a) The following maximum contaminant levels for organic contaminants apply to community 

and non-transient, non-community water systems. 

 CAS No. Contaminant MCL (mg/l) 

(1) 75–01–4 Vinyl chloride 0.002 

(2) 71–43–2 Benzene 0.005 

(3) 56–23–5 Carbon tetrachloride 0.005 

(4) 107–06–2 1,2-Dichloroethane 0.005 

(5) 79–01–6 Trichloroethylene 0.005 

(6) 106–46–7 para-Dichlorobenzene 0.075 

(7) 75–35–4 1,1-Dichloroethylene 0.007 

(8) 71–55–6 1,1,1-Trichloroethane 0.2 

(9) 156–59–2 cis-1,2-Dichloroethylene 0.07 

(10) 78–87–5 1,2-Dichloropropane 0.005 

(11) 100–41–4 Ethylbenzene 0.7 

(12) 108–90–7 Monochlorobenzene 0.1 

(13) 95–50–1 o-Dichlorobenzene 0.6 

(14) 100–42–5 Styrene 0.1 

(15) 127–18–4 Tetrachloroethylene 0.005 

(16) 108–88–3 Toluene 1 

(17) 156–60–5 trans-1,2-Dichloroethylene 0.1 

(18) 1330–20–7 Xylenes (total) 10 

(19 75–09–2 Dichloromethane 0.005 

(20) 120–82–1 1,2,4-Trichloro- benzene 0.07 

(21) 79–00–5 1,1,2-Trichloro- ethane 0.005 

§ 141.62 Maximum contaminant levels for inorganic contaminants. 

§ 141.62(b) The maximum contaminant levels for inorganic contaminants specified in 

paragraphs (b) (2)–(6), (b)(10), and (b) (11)–(16) of this section apply to community 

water systems and non-transient, non-community water systems. The maximum contaminant level 
specified in paragraph (b)(1) of this section only applies to community water systems. 

The maximum contaminant levels specified in (b)(7), (b)(8), and (b)(9) of this section apply to 

community water systems; non-transient, noncommunity water systems; and transient non-community 

water systems. 

 Contaminant MCL (mg/l) 

(1) Fluoride 4.0 

(2) Asbestos 7 Million Fibers/liter (longer than 10 μm) 

(3) Barium 2 

(4) Cadmium 0.005 

(5) Chromium 0.1 

(6) Mercury 0.002 

(7) Nitrate 10 (as Nitrogen) 

(8) Nitrite 1 (as Nitrogen) 

(9) Total Nitrate and Nitrite 10 (as Nitrogen) 

(10) Selenium 0.05 

(11) Antimony 0.006 

(12) Beryllium 0.004 

(13) Cyanide (as free Cyanide) 0.2 

(14) [Reserved]. 

(15) Thallium 0.002 

(16) Arsenic 0.010 

§ 141.63 Maximum contaminant levels (MCLs) for microbiological contaminants. 

(a) The MCL is based on the presence or absence of total coliforms in a sample, rather than coliform 

density. 

(1) For a system which collects at least 40 samples per month, if no more than 5.0 percent of the 

samples collected during a month are total coliform-positive, the system is in compliance with 

the MCL for total coliforms. 

(2) For a system which collects fewer than 40 samples/month, if no more than one sample collected 

during a month is total coliform-positive, the system is in compliance with the MCL for total 

coliforms. 

(b) Any fecal coliform-positive repeat sample or E. coli-positive repeat sample, or any total 

coliform-positive repeat sample following a fecal coliform positive or E. coli-positive routine 

sample constitutes a violation of the MCL for total coliforms. For purposes of the public 
notification requirements in subpart Q, this is a violation that may pose an acute risk to health. 

(c) A public water system must determine compliance with the MCL for total coliforms in 

paragr

aphs 

(a) 

and 

(b) of 

this 

sectio

n for each month in which it is required to monitor for total coliforms. 

§ 141.64 Maximum contaminant levels for disinfection byproducts. 

(a) Bromate and chlorite. 

The maximum contaminant levels (MCLs) for bromate and chlorite are as follows: 

 Disinfection byproduct MCL (mg/L) 

(1) Bromate 0.010 

(2) Chlorite 1.0 

(b) TTHM and HAA5. (1) Subpart L— RAA compliance. 

(i) Compliance dates. Subpart H systems serving 10,000 or more persons must comply with this 

paragraph (b)(1) beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and 

systems using only ground water not under the direct influence of surface water must comply with this 

paragraph (b)(1) beginning January 1, 2004. All systems must comply with these MCLs until the date 

specified for subpart V compliance in § 141.620(c). 

 Disinfection byproduct MCL (mg/L) 

(1) Total trihalomethanes (TTHM) 0.080 

(2) Haloacetic acids (five) (HAA5) 0.060 

§ 141.65 Maximum residual disinfectant levels. 

(a) Maximum residual disinfectant levels (MRDLs) are as follows: 

 Disinfectant residual MRDL (mg/L) 

 (1) Chlorine 4.0 (as Cl2). 

 (2) Chloramines 4.0 (as Cl2). 

 (3) Chlorine dioxide 0.8 (as ClO2). 
MAXIMUM CONTAMINANT LEVELS 

 CAS No. Contaminant MCL (mg/l) 

Part 141.11 

(1) 7440-38-2 Arsenic 0.05 

(2) 84145-82-4 Nitrate 20 

 Part 141.13 

(3) NA Turbidity 1 TU (see Part 141.13) 

 Part 141.21&63 

(4) NA Coliform See Part 141.21 

 Part 141.62(b) 

(5) 75–01–4 Vinyl chloride 0.002 

(6) 71–43–2 Benzene 0.005 

(7) 56–23–5 Carbon tetrachloride 0.005 

(8) 107–06–2 1,2-Dichloroethane 0.005 

(9) 79–01–6 Trichloroethylene 0.005 

(10) 106–46–7 para-Dichlorobenzene 0.075 

(11) 75–35–4 1,1-Dichloroethylene 0.007 

(12) 71–55–6 1,1,1-Trichloroethane 0.2 

(13) 156–59–2 cis-1,2-Dichloroethylene 0.07 

(14) 78–87–5 1,2-Dichloropropane 0.005 

(15) 100–41–4 Ethylbenzene 0.7 

(16) 108–90–7 Monochlorobenzene 0.1 

(17) 95–50–1 o-Dichlorobenzene 0.6 

(18) 100–42–5 Styrene 0.1 

(19) 127–18–4 Tetrachloroethylene 0.005 

(20) 108–88–3 Toluene 1 

(21) 156–60–5 trans-1,2-Dichloroethylene 0.1 

(22) 1330–20–7 Xylenes (total) 10 

(23) 75–09–2 Dichloromethane 0.005 

(24) 120–82–1 1,2,4-Trichloro- benzene 0.07 

(25) 75–01–4 Vinyl chloride 0.002 

 CAS No. Contaminant MCL (mg/l) 

(26) 71–43–2 Benzene 0.005 
(27) 56–23–5 Carbon tetrachloride 0.005 

(28) 107–06–2 1,2-Dichloroethane 0.005 

(29) 79–01–6 Trichloroethylene 0.005 

(30) 106–46–7 para-Dichlorobenzene 0.075 

(31) 75–35–4 1,1-Dichloroethylene 0.007 

(32) 71–55–6 1,1,1-Trichloroethane 0.2 

(33) 156–59–2 cis-1,2-Dichloroethylene 0.07 

(34) 78–87–5 1,2-Dichloropropane 0.005 

(35) 100–41–4 Ethylbenzene 0.7 

(36) 108–90–7 Monochlorobenzene 0.1 

(37) 95–50–1 o-Dichlorobenzene 0.6 

(38) 100–42–5 Styrene 0.1 

(39) 127–18–4 Tetrachloroethylene 0.005 

(40) 108–88–3 Toluene 1 

(41) 156–60–5 trans-1,2-Dichloroethylene 0.1 

(42) 1330–20–7 Xylenes (total) 10 

(43) 75–09–2 Dichloromethane 0.005 

(44) 120–82–1 1,2,4-Trichloro- benzene 0.07 

(45) 79–00–5 1,1,2-Trichloro- ethane 0.005 

(46) 16984-48-8 Fluoride 4.0 

(47) 77536-66-4 Asbestos 7 Million Fibers/liter (longer than 10 μm) 

(48) 7440-39-3 Barium 2 

(49) 7440-43-9 Cadmium 0.005 

(50) 7440-47-3 Chromium 0.1 

(51) 7439-97-6 Mercury 0.002 

(52) 84145-82-4 Nitrate 10 (as Nitrogen) 

(53) 14797-65-0 Nitrite 1 (as Nitrogen) 

(54) 14797-65-0 Total Nitrate and Nitrite 10 (as Nitrogen) 

(55) 7782-49-2 Selenium 0.05 

(56) 7440-36-0 Antimony 0.006 

 CAS No. Contaminant MCL (mg/l) 

(57) 7440-41-7 Beryllium 0.004 

(58) 74-90-8 Cyanide (as free Cyanide) 0.2 

(59) [Reserved]. 
(60) 7440-28-0 Thallium 0.002 

Part 141.64 

(61) 15541-45-4 Bromate 0.010 

(62) 16887-00-6 Chlorite 1.0 

(63) 67-66-3 Total trihalomethanes (TTHM) 0.080 

(64) 79-11-8 Haloacetic acids (five) (HAA5) 0.060 

Part 141.65 

(65) 7782-50-5 Chlorine 4.0 (as Cl2). 

(66) 55-86-7 Chloramines 4.0 (as Cl2). 

(67) 10049-04-4 Chlorine dioxide 0.8 (as ClO2). 

Appendix B

First Aid Kit Contents 

from 

49 CFR Part 228.331(b)

The contents of the first aid kit shall be placed in a weatherproof container with individual sealed 

packages for each type of item, and shall be checked at least weekly when the camp car is occupied to 

ensure that the expended items are replaced. 

The first aid kit shall contain, at a minimum, the following: 

□ (1) Two small gauze pads (at least 4 x 4 inches); 

□ (2) Two large gauze pads (at least 8 x 10 inches); 

□ (3) Two adhesive bandages; 

□ (4) Two triangular bandages; 

□ (5) One package of gauze roller bandage that is at least 2 inches wide; 

□ (6) Wound cleaning agent, such as sealed moistened towelettes; 

□ (7) One pair of scissors; 

□ (8) One set of tweezers; 

□ (9) One roll of adhesive tape; 

□ (10) Two pairs of latex gloves; and 

□ (11) One resuscitation mask. 

Appendix C

76 FR 67073

Federal Register Final Rule

49 CFR Part 228

Safety and Health Requirements Related to Camp Cars 

Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 67073 

Sorenson’s Petition for 

Reconsideration is granted, to the extent 

provided in FCC 11–155. AT&T’s 

Petition for Reconsideration is denied. 

Part 64 of the Commission’s rules is 

amended. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, SHALL SEND a 

copy of document FCC 11–155, 

including the Final Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 64 

Individuals with disabilities, 

Reporting and recordkeeping 

requirements, Telecommunications. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 64 as 

follows: 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

■ 1. The authority citation for part 64 is 

revised to read as follows: 

Authority: 47 U.S.C. 154, 254(k), 227; secs. 

403(b)(2)(B), (c), Pub. L. 104–104, 100 Stat. 

56. Interpret or apply 47 U.S.C. 201, 218, 222, 

225, 226, 207, 228, 254(k), 616, and 620, 

unless otherwise noted. 

Subpart F—Telecommunications Relay 

Services and Related Customer 

Premises Equipment for Persons With 

Disabilities 

■ 2. The authority citation for subpart F 

is revised to read as follows: 

Authority: 47 U.S.C. 151–154; 225, 255, 

303(r), 616 and 620. 

■ 3. Section 64.606 is amended by 

revising paragraphs (a)(2)(ii)(A)(4) and 

(5), by adding paragraphs (a)(2)(ii)(A)(6) 

through (8), and by revising paragraph 

(a)(2)(ii)(E) to read as follows: 

§ 64.606 Internet-based TRS provider and 

TRS program certification. 

(a) * * * 

(2) * * * 

(ii) * * * 

(A) * * * 

(4) A description of the technology 

and equipment used to support their 

call center functions—including, but not 

limited to, automatic call distribution, 

routing, call setup, mapping, call 

features, billing for compensation from 

the TRS Fund, and registration—and for 

each core function of each call center for 

which the applicant must provide a 

copy of technology and equipment 

proofs of purchase, leases or license 

agreements in accordance with 

paragraphs (a)(2)(ii)(A)(5) through (7) of 

this section, a statement whether such 

technology and equipment is owned, 

leased or licensed (and from whom if 

leased or licensed); 

(5) Operating five or fewer call centers 

within the United States, a copy of each 

proof of purchase, lease or license 

agreement for all technology and 

equipment used to support their call 

center functions for each call center 

operated by the applicant within the 

United States; 

(6) Operating more than five call 

centers within the United States, a copy 

of each proof of purchase, lease or 

license agreement for technology and 

equipment used to support their call 

center functions for a representative 

sampling (taking into account size (by 

number of communications assistants) 

and location) of five call centers 

operated by the applicant within the 

United States; a copy of each proof of 

purchase, lease or license agreement for 

technology and equipment used to 

support their call center functions for all 

call centers operated by the applicant 

within the United States must be 

retained by the applicant for three years 

from the date of the application, and 

submitted to the Commission upon 

request; 

(7) Operating call centers outside of 

the United States, a copy of each proof 

of purchase, lease or license agreement 

for all technology and equipment used 

to support their call center functions for 

each call center operated by the 

applicant outside of the United States; 

and 

(8) A complete copy of each lease or 

license agreement for automatic call 

distribution. 

* * * * * 

(E) For all applicants, a list of all 

sponsorship arrangements relating to 

Internet-based TRS, including on that 

list a description of any associated 

written agreements; copies of all such 

arrangements and agreements must be 

retained by the applicant for three years 

from the date of the application, and 

submitted to the Commission upon 

request; 

* * * * * 

[FR Doc. 2011–28135 Filed 10–28–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 228 

[Docket No. FRA–2009–0042, Notice No. 2] 

RIN 2130–AC13 

Safety and Health Requirements 

Related to Camp Cars 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: To carry out a 2008 

Congressional rulemaking mandate, 

FRA is creating regulations prescribing 

minimum safety and health 

requirements for camp cars that a 

railroad provides as sleeping quarters to 

any of its train employees, signal 

employees, and dispatching service 

employees (covered-service employees) 

and individuals employed to maintain 

its right of way. 

Under separate but related statutory 

authority, FRA is also amending its 

regulations regarding construction of 

employee sleeping quarters. In 

particular, FRA’s existing guidelines 

with respect to the location, in relation 

to switching or humping of hazardous 

material, of a camp car that is occupied 

exclusively by individuals employed to 

maintain a railroad’s right of way are 

being replaced with regulatory 

amendments prohibiting a railroad from 

positioning such a camp car in the 

immediate vicinity of the switching or 

humping of hazardous material. 

Finally, FRA is making miscellaneous 

changes clarifying its provision on 

applicability, removing an existing 

provision on the preemptive effect of 

the regulations as unnecessary, and 

moving, without changing, an existing 

provision on penalties for violation. 

DATES: This final rule is effective 

December 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Alan Misiaszek, Certified Industrial 

Hygienist, Staff Director, Industrial 

Hygiene Division, Office of Safety 

Assurance and Compliance, Office of 

Railroad Safety, FRA, 1200 New Jersey 

Avenue SE., Mail Stop 25, Washington, 

DC 20590 (telephone: (202) 493–6002), 

alan.misiaszek@dot.gov or Ann M. 

Landis, Trial Attorney, Office of Chief 

Counsel, FRA, 1200 New Jersey Avenue 

SE., Mail Stop 10, Washington, DC 

20590 (telephone: (202) 493–6064), 

ann.landis@dot.gov. 

SUPPLEMENTARY INFORMATION: 

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67074 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 

1 In the 1994 recodification of Federal 

transportation laws, the Hours of Service Act was 

repealed, and its provisions were reenacted as 

revised, and recodified as positive law primarily in 

49 U.S.C. chapter 211. Pub. L. 103–272, July 5, 

1994. 

I. Background Information 

A. Statutory, Regulatory, and Factual 

Background 

Having considered the public 

comments on FRA’s January 3, 2011, 

proposed rule in this rulemaking, FRA 

is issuing this final rule primarily to 

help satisfy the requirements of section 

420 of the Rail Safety Improvement Act 

of 2008 (RSIA), Pub. L. 110–432, Div. A, 

122 Stat. 4848, October 16, 2008 

(amending a provision of the hours of 

service laws at 49 U.S.C. 21106). See 

notice of proposed rulemaking (NPRM), 

76 FR 64. RSIA requires the Secretary of 

Transportation (Secretary) to adopt 

regulations no later than April 1, 2010, 

establishing minimum standards for 

‘‘employee sleeping quarters’’ in the 

form of ‘‘camp cars’’ that are provided 

by railroads. 49 U.S.C. 21106(a)(1), (c). 

Specifically, RSIA instructs the 

Secretary to prescribe regulations ‘‘to 

implement [49 U.S.C. 21106(a)(1)] to 

protect the safety and health of any 

employees and individuals employed to 

maintain the right of way of a railroad 

carrier that use camp cars * * *’’ 49 

U.S.C. 21106(c). The statutory term 

‘‘employee’’ is defined in 49 U.S.C. 

21101(3) to include a train employee, a 

signal employee, and a dispatching 

service employee, who as a group are 

sometimes referred to as ‘‘coveredservice employees.’’ As amended 

through 2008, 49 U.S.C. 21106(a)(1) 

provides that such camp cars must be— 

clean, safe, and sanitary, give those 

employees and individuals an opportunity 

for rest free from the interruptions caused by 

noise under the control of the carrier, and 

provide indoor toilet facilities, potable water, 

and other features to protect the health of 

employees. 

49 U.S.C. 21106(a)(1). RSIA requires the 

Secretary to conduct this rulemaking 

‘‘in coordination with the Secretary of 

Labor,’’ and to ‘‘assess the action taken 

by any railroad carrier to fully retrofit or 

replace its camp cars * * *’’ 49 U.S.C. 

21106(c). 

In addition, RSIA directly requires 

that railroads using camp cars ‘‘fully 

retrofit or replace such cars in 

compliance with [49 U.S.C. 20106(a)]’’ 

by December 31, 2009. 49 U.S.C. 

21106(b). As will be further explained 

below, FRA interprets 49 U.S.C. 

21106(b) as (1) Applying the prohibition 

in 49 U.S.C. 21106(a)(2) against 

beginning construction or 

reconstruction of employee sleeping 

quarters near switching or humping 

operations, to camp cars provided by 

railroads as sleeping quarters for 

individuals employed to maintain the 

railroad right of way (MOW workers) 

and (2) setting a compliance date of 

December 31, 2009, with respect to such 

camp cars exclusively for MOW 

workers. 

The Secretary has delegated the 

responsibility to carry out his 

responsibilities under RSIA to the 

Administrator of FRA. 74 FR 26981, 

26982 (June 5, 2009), codified at 49 CFR 

1.49(oo). See also 49 CFR 1.49(d), 

delegating the Secretary’s authority to 

carry out the hours of service laws to the 

Administrator of FRA, and 49 U.S.C. 

103. 

Subpart E is based extensively on 

FRA guidelines already in place, which, 

in turn, were based on the U.S. 

Department of Labor’s Occupational 

Safety and Health Administration 

(‘‘OSHA’’) standards for sanitation and 

temporary labor camps at 29 CFR 

1910.141 and 1910.142, modified as 

appropriate for the railroad 

environment. See FRA’s Guidelines for 

Clean, Safe, and Sanitary Railroad 

Provided Camp Cars (1990 Guidelines), 

55 FR 30892 (July 27, 1990), codified at 

49 CFR part 228, app. C. In developing 

new subpart E, FRA coordinated with 

the U.S. Department of Labor, as 

required by the Congressional mandate. 

In addition, FRA consulted with 

officials of the only American railroad 

currently known to be regularly 

utilizing camp cars as sleeping quarters, 

Norfolk Southern Railway Company 

(NS), to determine what actions it has 

taken to conform to the statutory 

requirements that the cars be not only 

clean, safe, and sanitary and provide an 

opportunity for rest uninterrupted by 

noise under the control of the railroad, 

but also have ‘‘indoor toilet facilities, 

potable water, and other features to 

protect the health’’ of employees and 

MOW workers and not be placed in the 

immediate vicinity of certain ‘‘switching 

or humping operations’’ as defined in 

FRA regulations at 49 CFR 

228.101(c)(3). NS assured FRA that all 

of its camp cars comply with statutory 

requirements; NS disagrees with FRA’s 

conclusion that camp cars exclusively 

occupied by MOW workers are subject 

to 49 U.S.C. 21106(a)(2). 

MOW workers have been given 

protection by limits of how close their 

sleeping quarters are to switching and 

humping operations. That protection 

formerly only applied to train 

employees, signal employees, and 

dispatching service employees. In 1976, 

Congress required that all sleeping 

quarters, ‘‘including crew quarters, 

camp or bunk cars, and trailers,’’ 

provided by a railroad to its 

‘‘employees’’ be ‘‘clean, safe, and 

sanitary’’ and provide an opportunity 

for rest without interruptions caused by 

noise under the control of the railroad. 

Pub. L. 94–348, sec. 4, adding 

subsection (a)(3) to section 2 of the 

Hours of Service Act, then codified at 45 

U.S.C. 62(a)(3) (1976) and now codified 

as amended at 49 U.S.C. 21106(a)(1).1

Again, the term ‘‘employees’’ included 

only those who, in the terminology of 

the present statute, are called ‘‘train 

employees,’’ ‘‘signal employees,’’ or 

‘‘dispatching service employees,’’ and 

did not include MOW workers. In the 

same legislation, Congress prohibited 

railroads from beginning, on or after 

July 8, 1976, the construction or 

reconstruction of sleeping quarters for 

‘‘employees’’ ‘‘within or in the 

immediate vicinity (as determined in 

accordance with rules prescribed by the 

Secretary) of any area where railroad 

switching or humping operations are 

performed.’’ Pub. L. 94–348, sec. 4, 

adding subsection (a)(4) to section 2 of 

the Hours of Service Act, then codified 

at 45 U.S.C. 62(a)(4) (1976) and now 

codified as amended at 49 U.S.C. 

21106(a)(2). 

To carry out the 1976 statutory 

amendment at section 2(a)(3) of the 

Hours of Service Act, FRA published 

interpretative guidance and a statement 

of policy regarding the provision 

requiring ‘‘clean, safe, and sanitary’’ 

sleeping quarters for employees free 

from railroad-controlled noise that 

would interrupt rest. Amendment to 

appendix A to 49 CFR part 228, 43 FR 

30803 (July 18, 1978). 

To carry out the 1976 amendment at 

section 2(a)(4) of the Hours of Service 

Act, FRA published regulations codified 

at 49 CFR part 228, subpart C (subpart 

C). 43 FR 31012 (July 19, 1978). As 

stated in the preamble to those 

regulations, 

[t]he primary impetus of this amendment to 

the Hours of Service Act was the accident 

that occurred at Decatur, Illinois, on July 19, 

1974. (H.R. Report No. 94–1166 (1976) at 

page 11.) Seven employees were killed and 

another 33 were injured when an explosion 

demolished crew quarters that were located 

between and adjacent to two classification 

yards and did other extensive damage in the 

middle of the Norfolk and Western yard. 

Three hundred sixteen persons who lived or 

worked in the surrounding area were also 

injured. The explosion resulted from 

accidental release of product which occurred 

during the switching of hazardous materials. 

* * * 

In enacting the 1976 amendment to the 

law, Congress determined that additional 

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protection from accidents such as the one 

that occurred at Decatur, Illinois, is required 

for crew quarters. 

43 FR 31009. 

Subpart C defines key terms in section 

2(a)(4) of the Hours of Service Act, 

permits railroads to request a 

determination by FRA that a particular 

proposed site is not within the 

‘‘immediate vicinity,’’ and states the 

criteria by which FRA will make the 

determination. See 49 CFR 228.101(a). 

FRA approval is necessary before a 

railroad may begin the ‘‘construction or 

reconstruction’’ of sleeping quarters for 

employees within the distance of 

switching or humping operations 

specified in the regulations. 49 CFR 

228.101. The distance triggering the 

need for approval is one-half mile ‘‘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.’’ 49 CFR 228.101(b). 

‘‘Switching or humping operations’’ is 

defined to include ‘‘the classification of 

placarded railroad cars according to 

commodity or destination, assembling 

of placarded cars for train movements 

* * *’’ 49 CFR 228.101(c)(3). 

‘‘Placarded car’’ is defined to mean ‘‘a 

railroad car required to be placarded by 

DOT hazardous materials regulations 

(49 CFR 172.504).’’ 49 CFR 

228.101(c)(4). ‘‘Construction’’ includes 

the ‘‘[p]lacement of a mobile or modular 

facility,’’ which includes placement of a 

camp car. 49 CFR 228.101(c)(1)(iii). On 

or after July 8, 1976, any railroad 

placing a camp car occupied by an 

employee near switching or humping 

operations must obtain FRA approval 

before doing so. 49 CFR 228.101(a). 

In 1988, Congress redefined 

‘‘employee’’ for purpose of section 

2(a)(3) of the Hours of Service Act (now 

codified at 49 U.S.C. 21106(a)(1)) so as 

to include MOW workers, thereby 

making all sleeping quarters provided 

by a railroad to MOW workers subject 

to the same statutory standard. Pub. L. 

100–342, sec. 19(b). It should be noted, 

however, that the 1988 amendment did 

not make MOW workers ‘‘employees’’ 

for purposes of the ‘‘location’’ 

requirement at section 2(a)(4) of the 

Hours of Service Act. Consequently, a 

camp car occupied only by employees 

or by both employees and MOW 

workers is subject to subpart C, but a 

camp car occupied only by MOW 

workers is not subject to subpart C. 

To carry out the 1988 statutory 

amendment, FRA issued an 

interpretation in 1990 of the terms 

‘‘clean,’’ ‘‘safe,’’ and ‘‘sanitary’’ as 

applied to railroad-provided camp cars 

occupied by employees, MOW workers, 

or both based on standards established 

by OSHA. 49 CFR part 228, app. C. In 

FRA’s 1990 Guidelines, the agency 

noted that— 

FRA believes that camp cars, either 

because of express limitations of local codes, 

or by virtue of their physical mobility, are 

generally not subject to state or local housing, 

sanitation, health, electrical or fire codes. 

Therefore, FRA is unable to rely upon state 

or local authorities to ensure that persons 

covered by the [Hours of Service] Act who 

reside in camp cars are afforded an 

opportunity for rest in ‘clean,’ ‘safe,’ and 

‘sanitary’ conditions. Accordingly, FRA must 

determine what adverse conditions might 

reasonably be expected to interfere with the 

ordinary person’s ability to rest, so as to 

enunciate policy guidelines to be applied by 

FRA in enforcing the words ‘clean,’ ‘safe,’ 

and ‘sanitary’ for purposes of the Act. 

55 FR 30892, 30893, July 27, 1990. 

Twenty years after the 1988 statutory 

amendment, Congress enacted section 

420 of RSIA. Congress added 

requirements that all sleeping quarters 

provided by railroads to employees or 

MOW workers have ‘‘indoor toilets, 

potable water, and other features to 

protect the health of [employees and 

MOW workers]’’ (amending 49 U.S.C. 

21106(a)(1)); that any railroad that uses 

camp cars must ‘‘fully retrofit or 

replace’’ such cars to be in compliance 

with 49 U.S.C. 21106(a) by December 

31, 2009 (see new 49 U.S.C. 21106(b)); 

and that the Secretary prescribe 

regulations to implement 49 U.S.C. 

21106(a)(1), requiring compliance by 

December 31, 2010 (see new 49 U.S.C. 

21106(c)). 

FRA has considered whether Congress 

intended for railroad-provided camp 

cars occupied by MOW workers to be 

subject to the restrictions of 49 U.S.C. 

21106(a)(2) on their location. Clearly, by 

the express text of 49 U.S.C. 21106(c), 

the regulations mandated by that 

subsection are intended ‘‘to implement 

subsection (a)(1)’’ (i.e., 49 U.S.C. 

21106(a)(1), and not to implement both 

49 U.S.C. 21106(a)(1) and 49 U.S.C. 

21106(a)(2)). Just as clearly, Congress 

did not amend 49 U.S.C. 21106(a)(2) 

itself, which bars beginning such 

construction or reconstruction of 

sleeping quarters for covered-service 

employees on or after July 8, 1976; 

Congress did not, for example, add 

language to subsection (a)(2) to prohibit 

beginning construction or 

reconstruction of railroad-provided 

camp cars used as sleeping quarters for 

MOW workers, with a new effective 

date in subsection (a)(2) itself. 

In the end, however, FRA concludes 

that Congress did intend such location 

restrictions in subsection (a)(2) to apply 

to camp cars exclusively occupied by 

MOW workers, based primarily on the 

language of subsection (b), which reads 

as follows: 

(b) Camp cars.—Not later than December 

31, 2009, any railroad carrier that uses camp 

cars shall fully retrofit or replace such cars 

in compliance with subsection (a). 

(Emphasis added). 49 U.S.C. 21106(b). 

Congress could have written that the 

camp cars must be in compliance with 

‘‘subsection (a)(1),’’ but it did not; 

instead Congress required compliance 

with subsection (a) as a whole, a twoparagraph provision that includes the 

prohibition on placing camp cars (and 

other forms of sleeping quarters) near 

certain switching or humping 

operations. It is a basic canon of 

statutory construction that all words of 

a statute should be given effect. 

To give subsection (b) meaning, with 

respect to requiring camp cars to be in 

compliance with the old mandate of 

subsection (a)(2), some act must be 

required that is possible to perform in 

the future, specifically not later than the 

December 31, 2009, date stated in 

subsection (b). FRA reads that extra 

requirement imposed by subsection (b) 

to be that camp cars exclusively 

occupied by MOW workers be subject to 

subsection (a)(2). With respect to 

subsection (a)(2), which contains a 

compliance date about 32 years before 

the enactment of subsection (a)(2), a 

new compliance date would be 

necessary in order to avoid creating an 

unconstitutional, ex post facto law, and 

that is what Congress provided with the 

new statutory deadline for compliance 

of December 31, 2009. FRA does not 

read subsection (b) as supplanting the 

July 8, 1976, effective date of the 

prohibition in subsection (a)(2) with 

respect to construction or reconstruction 

of sleeping quarters occupied by train 

employees, signal employees, or 

dispatching service employees. Rather, 

FRA reads the text of section 21106(b) 

as a direct, statutory requirement that 

railroads using camp cars as sleeping 

quarters see to it that the cars 

exclusively occupied by MOW workers 

comply with the statutory requirements 

of not only subsection (a)(1), but also 

subsection (a)(2), and to do so by 

December 31, 2009. 

Of course, it could be argued that 

Congress simply made a technical error 

in requiring that camp cars comply with 

all of subsection (a) and that it meant to 

say ‘‘subsection (a)(1),’’ particularly 

given that the requirement is to ‘‘retrofit 

or replace’’ the cars, not to ‘‘retrofit or 

replace and position’’ the cars. FRA 

thinks that the legislative history of 

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67076 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 

section 420 of RSIA argues against such 

a strict interpretation. That legislative 

history indicates that Congress invited 

FRA to take a new, more protective look 

at camp cars. The House precursor to 

section 420 of RSIA would have directly 

prohibited the use of camp cars entirely 

by statute, effective one year after the 

date of enactment. See section 202 of 

H.R. 2095 as reported by the House 

Committee on Transportation and 

Infrastructure in H.R. Rep. No. 110–336 

and analysis at p. 39. The Senate 

precursor to section 420 of RSIA would 

have authorized FRA to prohibit 

railroads’ use of camp cars as sleeping 

quarters (i.e., by regulation or order) ‘‘if 

necessary to protect the health and 

safety of the employees.’’ See section 

410 of S. 1889 as reported by the Senate 

Committee on Commerce, Science, and 

Transportation in S. Rep. No. 110–270. 

Based on the plain meaning of 49 U.S.C. 

21106 and the legislative history of 

section 420 of RSIA, FRA believes its 

interpretation applying the location 

requirement of subsection (a)(2) to camp 

cars occupied exclusively by MOW 

workers is both correct and appropriate. 

To carry out this statutory 

interpretation, FRA is proposing an 

amendment to subpart C. The statutory 

authority to conduct this aspect of the 

rulemaking is FRA’s authority under 49 

U.S.C. 21106(a)(2) to prescribe 

regulations to implement that statutory 

provision, which reads (as revised 

during the 1994 recodification of the rail 

safety laws effected by Public Law No. 

103–272) as follows: 

A railroad carrier * * * (2) may not begin, 

after July 7, 1976, construction or 

reconstruction of sleeping quarters * * * in 

an area or in the immediate vicinity of an 

area, as determined under regulations 

prescribed by the Secretary of 

Transportation, in which railroad switching 

or humping operations are performed. 

[Emphasis added.] This is the authority 

under which FRA originally prescribed 

subpart C. 41 FR 53070, Dec. 3, 1976. 

B. Comments on the NPRM 

FRA received two sets of comments 

on the NPRM, one from the Brotherhood 

of Maintenance of Way Employes 

Division of the International 

Brotherhood of Teamsters (BMWED) 

and one from the Association of 

American Railroads (AAR). FRA 

appreciated and carefully considered 

both of these sets of comments. The 

final rule differs from the proposed rule 

in part because of the concerns raised by 

the commenters. FRA, however, 

believes that its lacks the authority to 

address all of the issues raised. 

Comments are addressed thematically. 

1. Statutory Limitations 

BMWED requested a prohibition on 

the use of railroad-provided camp cars 

as sleeping quarters for employees and 

MOW workers within five years of the 

effective date of the rule. FRA does not 

believe Congress intended to give FRA 

such authority. The statutory section 

requiring FRA to regulate camp cars 

begins, ‘‘A railroad carrier and its 

officers and agents may provide 

sleeping quarters * * * for employees, 

and any individuals employed to 

maintain the right of way of a railroad 

carrier * * *’’ 49 U.S.C. 21106(a)(1). 

With this language, Congress has 

expressly given permission to railroads 

to provide sleeping quarters as long as 

they meet the applicable statutory or 

regulatory standard, or both. FRA may 

not prohibit by regulation what 

Congress has explicitly permitted by 

statute. 

FRA has also attempted to comply 

with the statutory language by limiting 

the applicability section of subpart C. 

Congress was specifically concerned 

with sleeping quarters provided to 

employees by a railroad and camp car 

sleeping quarters provided to MOW 

workers by a railroad. As a result, FRA 

stated that subpart C applies to railroads 

but not subcontractors or contractors, 

something BMWED commented on. If a 

railroad provides a substandard camp 

car to an employee or MOW worker, 

however, the railroad will be held 

liable, whether the camp car was 

directly provided by the railroad or 

whether the railroad was leasing a camp 

car from a contractor. See 49 CFR 

228.303(b) and 228.305. FRA is 

concerned that including contractorprovided sleeping quarters would 

inadvertently encompass rooms in 

commercial motels or hotels open to the 

general public that a railroad provided 

to its employees. To further clarify 

FRA’s position, however, FRA has 

modified the language of § 228.303 to 

expressly state that the requirements of 

this subpart apply to contractors and 

subcontractors that provide camp cars. 

BMWED also took issue with another 

matter in which FRA was, in part, trying 

to comply with the statute. BMWED 

argued that the temporary labor camps 

regulations of the Occupational Safety 

and Health Administration (OSHA) 

should not be a basis for subpart E. FRA 

did not extensively rely on temporary 

labor camp regulations in creating 

subpart E; however, they did provide 

the basic framework for the previous 

camp car guidelines, and FRA found it 

necessary to use those guidelines in 

creating this subpart. FRA was also 

required by section 420 of the RSIA to 

work in consultation with the 

Department of Labor in creating these 

regulations, and FRA found its 

regulations helpful. FRA does recognize 

that there are significant differences 

between temporary labor camps and the 

current way that NS uses camp cars, but 

found OSHA’s regulations to be helpful, 

as there are few other Federal 

regulations regarding employerprovided sleeping quarters. The only 

other comment in which statutory 

provisions were at issue came from 

AAR. As mentioned in the NPRM, NS 

disagreed with FRA’s statutory 

interpretation that sleeping quarters 

provided to MOW workers were, like 

those provided to covered-service 

employees, restricted on how close they 

may be to switching and humping 

operations. AAR stated that it supports 

NS’s interpretation. There is ample 

discussion regarding FRA’s position on 

this issue stated above and in the 

NPRM. 

For its part, BMWED expressed its 

support for FRA’s interpretation on this 

issue, but expressed concerns that the 

rights of MOW workers were not 

adequately protected. Specifically, 

BMWED wanted FRA to expressly say 

that the recognized representatives of 

the MOW workers be given the same 

notice when a railroad attempts to 

obtain permission to begin to construct 

or reposition a camp car too close to 

switching and humping operations. 

Under § 228.103(d), representatives of 

railroad employees of camp cars must 

be given such notice. BMWED’s request 

is unnecessary, as the proposed rule 

states that for the purposes of § 228.103, 

‘‘employees’’ ‘‘shall be read to include 

MOW workers.’’ With this language 

found in § 228.102(b), FRA is requiring 

that the same rights and notice given to 

the employees and their recognized 

representatives under § 228.103 is given 

to MOW workers and their recognized 

representatives. 

2. Life Safety Issues 

a. Smoke Alarms and Fire Extinguishers 

BMWED recommended that each 

camp car be equipped ‘‘with a portable 

fire extinguisher(s) meeting the 

requirements of 29 CFR 1910.157, a fire 

detection system meeting the 

requirements of 29 CFR 1910.164, and 

permanently wired, with battery 

backup, smoke detector(s) and carbon 

monoxide detector(s).’’ 

FRA agrees in principle with the 

desire for these life safety protection 

items; however, some of the proposed 

devices are not practical. Requiring 

smoke detectors and carbon monoxide 

detectors to be hard-wired may result in 

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added cost and complexity where 

simple battery-powered detectors can be 

used with little difference in protection. 

Many newer model smoke detectors are 

equipped with 10-year lithium batteries. 

A fire detection system meeting the 

requirements of 29 CFR 1910.164 is not 

appropriate. The standard cited by 

BMWED is a performance specification 

for systems intended to meet other 

specific OSHA standards such as those 

for fuel or flammable materials storage 

areas. While meeting this OSHA 

standard is not necessary for camp cars, 

FRA will add paragraph (c) to § 228.331 

as set forth in the regulatory text of this 

final rule. 

b. Weather and Medical Information 

BMWED also recommended requiring 

each camp car to have emergency 

evacuation instructions and information 

regarding the nearest hospital and have 

a weather radio. FRA agrees that camp 

car occupants need to have access to 

information in case of weather and 

medical emergencies, but has decided to 

address these needs by adding 

paragraph (d) to § 228.331 as set forth in 

the regulatory text of this final rule. 

c. First Aid Kits (Proposed § 228.331) 

AAR objected to FRA’s proposed 

§ 228.331, which specified and listed 

the minimum contents of first aid kits. 

AAR urged FRA to take a consistent 

approach to first aid kits. FRA’s 

proposed § 228.331 differed from its 

regulation on passenger train emergency 

preparedness at 49 CFR 239.101(a)(6) by 

adding the requirements of a first aid 

booklet, aspirin, antibiotic ointment 

packages, and hydrocortisone ointment 

packets. FRA agrees that it should be 

consistent. As a result, FRA has changed 

the requirements for the first aid kit 

required by this subpart to conform with 

those of 49 CFR 239.101(a)(6). 

3. Camp Car Environment 

BMWED requested that FRA restrict 

the locations where camp cars are 

located to avoid standing water and 

other potential hazards. Specifically, it 

requested the following requirements: 

All camp car locations must be adequately 

drained, graded, and rendered free from 

depressions that pose a tripping hazard or 

allow water to collect. Camp car locations 

shall not be subject to periodic flooding, nor 

located within 200 feet of swamps, pools, 

sink holes, or other surface collections of 

water. The discharge of ‘‘gray water’’ from 

camp car lavatories and showers shall be 

prohibited unless permitted by local laws 

and ordinances; however, in no case shall 

‘‘gray water’’ from lavatories and showers be 

discharged closer than 200 feet of any camp 

car. Camp cars shall be located so the 

drainage from and through the location will 

not endanger any domestic or public water 

supply. 

FRA recognizes that the issues 

identified in this comment may arise in 

some circumstances; however, they are 

not within the scope of the mandate nor 

within the agency’s scope of regulatory 

expertise. The mandate language at 49 

U.S.C. 21106(c) clearly is intended to 

address the camp cars themselves, not 

the conditions of the railroad property 

or adjacent private property on or near 

which they are located. 

BMWED asked FRA to require genderseparated camp car facilities for 

‘‘sleeping, showering, washing, 

urination and defecation.’’ FRA does not 

believe that this provision is necessary 

at this time, nor is FRA aware of any 

problems stemming from a lack of such 

gender-separated facilities. FRA is, 

however, concerned about the 

possibility that a married couple might 

be working together, and the railroad 

might want to respect that couple’s wish 

to stay in the same camp car. If FRA 

learns of problems stemming from the 

lack of gender-separated facilities, it 

will take appropriate action. 

4. Furnishings (Proposed § 228.311) 

BMWED also had suggestions on the 

furnishings provided to camp car 

occupants. It recommended, among 

other things, a prohibition against cots, 

multi-deck bunks (which are built into 

or against a wall, such as in a Pullman 

car), and multi-level bunk beds (which 

are movable). FRA agrees that a 

prohibition on multi-deck bunks and 

multi-level bunk beds is a reasonable 

prohibition, given that falls from multideck bunks and multi-level bunk beds 

are possible and falls from an upper 

deck would obviously tend to cause 

more severe injury than falls from an 

ordinary, single-level bunk or singlelevel bed. The U.S. Consumer Product 

Safety Commission determined that 

multi-level bunks and multi-level bunk 

beds provided a sufficient hazard so as 

to require regulations to limit their 

hazards. See 16 CFR part 1213 et seq. 

FRA also notes that BMWED states that 

this prohibition would not have any 

cost, as NS does not currently use multilevel bunks or multi-level bunk beds in 

its camp cars for employees and MOW 

workers. 

FRA, however, disagrees with 

BMWED’s suggested prohibition on 

‘‘cots’’ at this time. FRA realizes that 

cots can vary widely, and FRA expects 

any bed or cot provided under § 228.311 

to be a unit for sleeping, consisting of 

a base and mattress. NS, the only 

railroad that uses camp cars as sleeping 

quarters for employees or MOW 

workers, uses beds only and does not 

use a cot in the sense of a unit used for 

sleeping made of canvas over a frame 

that can be folded up and lacking a 

mattress. If NS or another railroad 

chooses to use a cot that does not have 

a mattress in a camp car that it provides 

as sleeping quarters, FRA will revisit 

this issue. 

BMWED also requested that the 

lockers provided to the employees and 

MOW workers be lockable. FRA finds 

this to be a reasonable request, as the 

cost of locks should be minimal. 

Employees and MOW workers live in 

these camp cars for days or weeks at a 

time, and being able to secure their 

valuables could help alleviate stress and 

anxiety regarding the potential theft. 

5. Minimum Lateral Spacing 

Requirement (Proposed § 228.311) 

FRA’s proposed § 228.31(b) would 

have required that beds not be closer 

than 36 inches laterally, with modular 

units subject to a 30-inch minimum and 

double-deck bunks no closer than 48 

inches laterally. AAR objected that the 

provision would be problematic for 

some in-service camp cars. It mentioned 

that the width of highway-capable camp 

cars is limited by existing DOT 

restrictions. AAR suggested, and FRA 

adopts, the following change: ‘‘Except 

where partitions are provided, such 

beds or similar facilities must be spaced 

not closer than 36 inches laterally 

(except in rail-mounted modular units, 

where the beds shall be spaced not 

closer than 30 inches, and highway 

trailer units, where the beds shall be 

spaced not closer than 26 inches) and 30 

inches end to end, and must be elevated 

at least 12 inches from the floor.’’ 

6. Cleaning (Proposed § 228.329) 

BMWED also commented on cleaning 

requirements. For example, BMWED 

suggested that FRA change the 

requirement in § 228.329(a) from simply 

stating that a camp car must be kept 

‘‘clean’’ to use the phrase ‘‘clean, 

healthful, and sanitary,’’ and include a 

short explanation of the division of 

responsibility between the railroad and 

camp car occupants. FRA agrees that 

railroads are responsible for the regular 

and thorough cleaning of all camp car 

facilities, and that camp car occupants 

should use good housekeeping 

practices. FRA, however, does not 

believe that this suggestion 

substantively changes the proposed 

requirements, and so refrains from 

altering the proposed language of the 

regulation itself. FRA believes that the 

requirements of this subpart ensure that 

camp cars will be kept clean, healthful, 

and sanitary. 

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BMWED also requested that FRA 

require railroads to provide each 

occupant with two sets of clean bed 

linens and also exchange them, upon 

request, for clean linens when they are 

soiled. NS has notified FRA that, under 

the terms of two differing collective 

bargaining agreements, railroad 

employees either currently receive 

reimbursement for providing and 

laundering linens or are given 

reimbursement for providing their own 

linens. FRA will not interfere regarding 

linens when they are being provided 

under the terms of a collective 

bargaining agreement. FRA recognizes, 

however, that sweat and body fluids can 

accumulate on linens, posing a health 

hazard from potential viruses and 

bacteria growing in them. Health risks 

are compounded if someone sleeps on 

the unwashed sheets of another. FRA 

believes a collective bargaining 

agreement is the most appropriate 

method to ensure that occupants have 

clean sheets, but has added a 

requirement that clean linens be 

provided if a provision on the subject of 

linens in the applicable collective 

bargaining agreement does not exist. 

Inspections 

BMWED asked for a regulatory right 

for a representative of the employee 

labor organization to accompany FRA 

inspectors during a camp car inspection. 

It points out that OSHA allows for a 

representative of employee labor 

organizations to accompany OSHA 

inspectors. FRA declines to create such 

a right. FRA prefers to have 

unannounced inspections. If a camp car 

occupant has a concern that these 

regulations are not being adhered to, 

that employee or an employee’s 

representative may alert FRA. When an 

individual contacts FRA regarding a 

railroad’s failure to adhere to the law, 

FRA investigates the complaints and 

makes every effort to comply with 

statutory prohibitions and agency policy 

not to reveal the identity of that 

individual unless the individual has 

consented to the release. See 49 U.S.C. 

20109(i). 

7. Definitions (Proposed § 228.5) 

a. ‘‘Camp Car’’ Definition 

In its comment, AAR recommended 

that FRA modify the definition of 

‘‘camp car’’ to explicitly exclude office 

cars, inspection cars, and specialized 

maintenance equipment. FRA does not 

intend to include any cars in this 

subpart that are not used as sleeping 

quarters or ancillary to such sleeping 

quarters. FRA does not consider track 

geometry cars and similar cars to ‘‘house 

or accommodate’’ MOW workers in the 

way that sleeping and dining room cars 

do. For clarity, however, FRA has 

amended the definition of ‘‘camp car’’ to 

make this intent explicit. 

b. ‘‘MOW Worker’’ Definition in 

Proposed § 228.5 

In the NPRM, FRA proposed a 

definition of ‘‘MOW worker’’ as 

someone who was ‘‘an individual 

employed to maintain the right of way 

of a railroad,’’ which is the singular 

language of the hours of service laws, 

slightly shortened. See 49 U.S.C. 

21106(a)(1) (‘‘any individuals employed 

to maintain the right of way of a railroad 

carrier’’). BMWED suggested that 

definition be elaborated to say ‘‘an 

individual employed to inspect, install, 

construct, repair or maintain track, 

roadbed, bridges, buildings, roadway 

facilities, roadway maintenance 

machines, electric traction systems, and 

right of way of a railroad.’’ To clarify the 

scope of the definition, FRA has 

accepted this change in the definition 

intact except to add a comma after 

‘‘repair.’’ It is not necessary for the 

individual to be employed by a railroad; 

the individual may be employed by a 

contractor or subcontractor to a railroad. 

8. Minimum Space Standards and 

Bathroom Requirements (Proposed 

§§ 228.311, 228.317 to 228.321) 

Proposed § 228.311 suggested a 

minimum amount of 50 square feet of 

floor space for each occupant of a camp 

car used for sleeping. BMWED disputed 

that this amount of space was sufficient, 

and suggested that more appropriate 

standards included a minimum of 

80 square feet with a maximum 

occupancy of four people per car. The 

organization pointed out that the cost of 

compliance for this standard is 

essentially zero, as NS already provides 

this minimum amount of space. FRA 

agrees that this suggested change is 

reasonable and will prevent 

overcrowding. 

In addition, for camp cars that are 

used for general living as well as 

cooking, BMWED recommended that 

the minimum square feet per occupant 

be increased from 90 to 120 square feet. 

FRA also agrees with this change to help 

prevent overcrowding. FRA notes that 

adopting this amendment should 

present no current cost to any railroad, 

as NS does not presently use camp cars 

in which occupants both sleep and 

cook. 

In the NPRM, FRA proposed a 

minimum of two toilet rooms and two 

showers in each camp car that provides 

sleeping facility and an additional toilet 

room and shower for every one to five 

more people after ten occupants. The 

NPRM suggested only two lavatories per 

camp car. BMWED recommended that if 

a camp car has more than four 

occupants, an additional toilet room and 

shower and lavatory should be required 

for every one or two more people. For 

its part, AAR requested requiring a 

fewer number of showers, lavatories, 

and toilets when there were fewer than 

four occupants. FRA sees the value in 

each of these proposals, and notes that 

the projected cost of this change from 

the NPRM is zero, as NS already 

complies with BMWED’s proposal. FRA 

has lowered the minimum number of 

these fixtures required when a camp car 

has fewer than four occupants. The final 

rule requires one functional lavatory, 

shower, and toilet per camp car for up 

to two occupants, and one additional 

functional lavatory, shower, and toilet if 

there are three or four occupants in the 

camp car. 

9. Lighting (Proposed § 228.309) 

BMWED requested that the minimum 

lighting for toilet and shower rooms be 

increased from the 10 foot-candles 

required in the proposed § 228.309(f)(2) 

to 30 foot-candles. OSHA standards 

require only 10 foot-candles for indoor 

toilets; 30 foot-candles are required for 

areas, such as offices, where more 

visually demanding tasks are done. 

29 CFR 1926.56(a). Because of the 

limited size of toilet rooms, FRA does 

not believe that it is necessary for the 

requirements for lighting in bathrooms 

to be increased to the same level as an 

office. 

10. Temperature of Camp Car (Proposed 

§ 228.309) 

The NPRM proposed that each car 

must have equipment so that it can 

maintain a minimum temperature of 

68 degrees Fahrenheit (°F) in cold 

weather and a maximum temperature of 

75 °F in hot weather. § 228.309(g). 

BMWED requested that the minimum 

temperature be changed to 

70 °F. FRA declines to do so, as it is 

likely that such a small difference is 

within the reading error of some 

thermometers. AAR also objected to 

FRA’s proposed temperature 

requirement. 

AAR requested that FRA prescribe a 

maximum temperature of 

78 °F, as was set forth in appendix C to 

part 228. AAR stated that it was 

unaware of any problems with the 

78 °F threshold. It also objected to a 

change proposed by FRA that was 

different from the guidelines of 

appendix C and allowed the maximum 

temperature to be only 20 °F below the 

ambient temperature. AAR stated that 

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differential cooling systems are limited 

by what they can achieve relative to the 

ambient temperature. FRA declines to 

make these changes. 

FRA believes that modern air 

conditioning equipment on these cars is 

capable of providing the requisite 

cooling to offer the workers a respite 

from warm conditions that could 

interfere with the ability to get adequate 

rest. If a temperature of 

78 °F is achievable by these systems, it 

seems unlikely that 

75 °F would not be. With respect to the 

absence of the 20 °F differential from 

ambient as an alternative cooling 

standard, FRA believes this could lead 

to permitting significantly higher 

allowable temperatures that would have 

an adverse impact on the workers’ 

ability to get adequate rest, particularly 

in some of the warmer climates in 

which these cars operate. 

11. Emergency Egress (Proposed 

§ 228.309) 

AAR requested that doors for 

emergency egress not be required at 

each end, as would be required by the 

proposed § 228.309(e). FRA agrees that 

the NPRM language is needlessly 

specific and agrees to amend that 

section. 

In addition, AAR suggested that FRA 

modify its proposed requirement of 

§ 228.309(f) for illumination of exit 

pathways. AAR stated, 

[p]roposed paragraph 228.309(f)(1) requires 

that pathways not immediately accessible to 

occupants should be illuminated at all times. 

However, literally interpreted, this 

requirement could be read as requiring that 

lights be kept on in sleeping quarters, which 

would, of course, disturb the sleep of 

occupants. If the sleeping quarters are at 

opposite ends of a camp car, under this 

paragraph the sleeping quarters would have 

to be illuminated because the occupants 

would have to pass through the sleeping 

quarters to get to the secondary exits, i.e., an 

occupant in one end of the car would have 

to pass through sleeping quarters to get to the 

exit at the other end of the car. 

FRA agrees that the NPRM language is 

somewhat ambiguous and agrees to 

adopt the AAR’s proposed change, with 

two additional commas, as follows: 

§ 228.309(f)(1) When occupants are 

present, the pathway to any exit not 

immediately accessible to occupants, such as 

through an interior corridor, shall be 

illuminated at all times to values of at least 

1 foot-candle measured at the floor, provided 

that where the pathway passes through a 

sleeping compartment, the pathway up to the 

compartment will be illuminated, but 

illumination is not required inside the 

sleeping compartment. 

12. Water Issues 

a. Potability (Proposed §§ 228.319– 

228.323) 

In its comment, BMWED stated its 

opposition to allowing non-potable 

water to be used for the washing and 

showering of persons. See proposed 

§§ 228.319–228.323. It pointed to 

OSHA’s regulation, 29 CFR 

1910.141(b)(1)(i), which requires 

potable water for the washing of the 

person in places of employment. FRA 

will follow OSHA’s lead in requiring 

that water used for personal cleansing in 

the sinks and showers of camp cars be 

potable. FRA has changed the rule text 

accordingly. 

For its part, AAR objected to the 

requirement of proposed § 228.323 that 

a railroad must obtain a certificate of 

compliance with EPA drinking water 

regulations every time potable water is 

drawn from a different local source. 

AAR stated that this was impractical 

and is unnecessary. It argued that, most 

of the time, water for camp cars came 

from a municipal community water 

system via spigots on the outside of 

buildings. 

FRA does not agree with AAR’s 

arguments. Its assertions that water 

drawn from a municipal community 

water system must be assumed to be 

potable, even after being conveyed 

through a portable, removable system of 

connections, pipes, and tanks, is not 

credible. In fact, during a visit to a NS 

camp, the water system was connected 

to a municipal building through a series 

of pipes and hoses on the surface of a 

parking lot. This circumstance could 

easily lead to a compromised system 

that could introduce contamination into 

the water, rendering it non-potable. 

FRA agrees that community water 

sources are regulated and the water is 

potable when leaving the water 

supplier. However, FRA has no means 

of assurance that the water from the taps 

AAR mentions is in fact of the same 

quality. Further, the minority of 

circumstances where the water is not 

drawn from a community water system 

source are minimally addressed in the 

AAR comments. While the materials 

and systems components used by NS 

may be made of FDA-approved 

materials, that does not preclude the 

introduction of contamination into the 

system due to improper procedures 

setting up the connections, nor through 

damage to the components after they 

have been set up. 

FRA’s desire for either a certificate of 

conformance, or a similar certificate 

from a laboratory is to ensure that the 

water entering the camp car system is, 

at the source, of potable quality. The 

other testing requirements contained in 

the section are intended to ensure that 

once potable water is introduced into 

the system, it is delivered in that form 

to the users. The FDA has specific 

regulations regarding the source quality 

of potable water for use on ‘‘a 

conveyance engaged in interstate 

traffic’’ at 21 CFR 1240.80, 1240.83, and, 

for treatment once aboard the 

conveyances, at 21 CFR 1240.90. FRA is 

simply restating these precepts. 

b. Cleaning of Potable Water Systems 

(Proposed § 228.323) 

AAR also objected to the requirement 

of proposed § 228.323(c)(4) that potable 

water systems be drained and flushed 

regularly and after any complaint. As 

discussed above, however, the 

introduction of contaminants into a 

water system can occur through any of 

a number of sources, both through 

damage to the system connections, as 

well as through back flow through any 

of the system’s internal outlets. Even 

under normal circumstances of use, 

where the water is consumed and 

refilled on a frequent basis, quarterly 

disinfection and flushing have been 

used, under an FDA-approved process, 

on Amtrak passenger cars for a number 

of years. By AAR’s own admission, 

camp cars may move on a frequent 

basis, thus the opportunities for 

introduction of contaminants into the 

potable water system exist. The two 

procedures established by this 

regulation thus parallel those used to 

protect Amtrak passengers and crews 

and should be no more burdensome, 

and in fact are likely less so, for NS 

since its fleet and movement frequency 

are much less. 

c. Water Temperature (Proposed 

§ 228.319) 

In addition, BMWED also stated that 

there was no reason for § 228.319 to 

allow for only tepid water—as opposed 

to both hot and cold water—to be 

provided in lavatories. It stated that the 

water for sinks came from a plumbing 

system that provided both hot and cold 

water. Since this is a reasonable request 

that apparently can be provided with 

minimal or no cost to the only railroad 

actively using camp cars, FRA has 

changed § 228.319 to require hot and 

cold water in lavatories. 

d. Training (Proposed § 228.323) 

BMWED also requested that any 

individual who fills a potable water 

system as required by this subpart be 

‘‘properly trained, qualified and 

designated by the employer.’’ FRA’s 

proposed § 228.323(b)(5) required only 

that the person filling the potable water 

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system be trained. FRA does not see the 

value of BMWED’s suggestion. 

e. Response to Failed Test of Water 

(Proposed § 228.323) 

The organization also requested that 

FRA prohibit the return to service of a 

camp car whose water system failed a 

total coliform test until test samples 

from that system show a satisfactory 

result. Proposed § 228.323(c)(5) simply 

states that the system needs to be 

resampled and then it may be returned 

to service. The original language of the 

proposed regulation follows FDAapproved protocols currently used for 

water systems on conveyances in 

interstate commerce. The recommended 

change is not necessary. 

13. Waste Disposal From a Food Service 

Facility (Proposed § 228.325) 

BMWED requested in its comment 

more stringent controls on waste 

disposal methods to protect the safety 

and health of occupants. It requested 

changes to be added to § 228.325(c). 

FRA agrees with these changes and has 

adopted them in this final rule. 

14. Repairs (§ 228.333) 

In the NPRM, FRA asked for 

comments regarding the amount of time 

that a railroad should be given to repair 

significant noncomplying conditions in 

a camp car under proposed § 228.333, 

which gave the railroad 72 hours after 

notice of noncompliance with this 

subpart from FRA. In response, BMWED 

recommended the following substitute: 

A railroad shall, within 24 hours after 

receiving a good faith notice from a camp car 

occupant or an employee labor organization 

representing camp car occupants or notice 

from the Federal Railroad Administration of 

noncompliance with this subpart, correct 

each non-complying condition on the camp 

car or cease use of the camp car as sleeping 

quarters for each occupant. In the event that 

such a condition affects the safety or health 

of an occupant, such as, but not limited to, 

water, cooling, heating, or eating facilities, 

sanitation issues related to food storage, food 

handling or sewage disposal, vermin or pest 

infestation, electrical hazards, etc., the 

railroad must immediately upon notice 

provide alternative arrangements for housing 

and providing food to the employee or MOW 

worker until the condition adverse to the 

safety or health of the occupant(s) is 

corrected. As used in this section 

‘‘immediately’’ means prompt, expeditious 

and without delay. 

While FRA does not believe a 

definition of ‘‘immediately’’ is 

necessary, it otherwise agrees with the 

recommended changes and has adopted 

them. 

II. Section-by-Section Analysis 

Part 228 

Section 228.1 Scope 

FRA is revising the heading of 49 CFR 

part 228 to reflect all of its contents 

more explicitly. The name of the part is 

being changed from ‘‘HOURS OF 

SERVICE OF RAILROAD EMPLOYEES’’ 

to ‘‘HOURS OF SERVICE OF 

RAILROAD EMPLOYEES; 

RECORDKEEPING AND REPORTING; 

SLEEPING QUARTERS’’. 

Subpart A of Part 228 

FRA is tailoring § 228.1, Scope, to 

reflect the addition of new subpart E, 

Safety and Health Requirements for 

Camp Cars Provided by Railroads as 

Sleeping Quarters, such as by adding 

new paragraph (c). 

Section 228.3 Application 

FRA also is amending § 228.3, 

Application. Currently, paragraph (a) of 

that section says that, except as 

provided in paragraph (b), part 228 

applies to all railroads and contractors 

and subcontractors of railroads. FRA is 

revising the section to indicate that 

although subparts B and D of part 228 

apply to railroads and contractors and 

subcontractors of railroads, subparts C 

and E of part 228 apply only to 

railroads. (Subpart A contains no duties 

that apply to any entity.) In addition, 

§ 228.3 is being amended to clarify that 

plant railroads are exempt from the 

requirements of subparts B–E of part 

228. The section is also being amended 

to note that tourist, scenic, historic, and 

excursion railroads that are not part of 

the general system are generally 

excepted from subparts B–E except as 

provided in § 228.413(d)(2). See 76 FR 

50360, 50400 (August 12, 2011). Section 

228.3 also is being amended to move its 

existing reference to § 228.401 as the 

applicability section for subpart F, 

Substantive Hours of Service 

Regulations for Train Employees 

Engaged in Commuter or Intercity Rail 

Passenger Transportation, from 

paragraph (b) to paragraph (c). Id. 

Section 228.5 Definitions 

Finally, FRA is amending § 228.5, 

Definitions, by adding definitions of 

four terms. The terms ‘‘plant railroad’’ 

and ‘‘tourist, scenic, historic, or 

excursion operations that are not part of 

the general railroad system of 

transportation’’ are used in the proposed 

‘‘application’’ provisions of subpart A 

and the new subpart E, and both terms 

refer to types of operations that have 

traditionally been excluded from FRA 

regulations because they are not part of 

the general railroad system of 

transportation. (Note, however, that, 

e.g., all tourist railroads are subject to 

the substantive hours of service 

requirements of subpart F of part 228 as 

provided in 49 CFR 228.401 and the 

hours of service recordkeeping and 

reporting requirements of subpart B as 

provided in 49 CFR 228.413(d)(2).) 

There is a more extensive explanation of 

the general railroad system of 

transportation in appendix A to 49 CFR 

part 209, and it is explicitly defined 

there as ‘‘the network of standard gage 

track over which goods may be 

transported throughout the nation and 

passengers may travel between cities 

and within metropolitan and suburban 

areas.’’ 

The terms ‘‘camp car’’ and ‘‘MOW 

worker’’ are used in subparts C and E. 

‘‘Camp car’’ is, in § 228.5, defined as a 

trailer and/or on-track vehicle, 

including an outfit, camp, bunk car, or 

modular home mounted on a flatcar, or 

any other mobile vehicle or mobile 

structure used to house or accommodate 

an employee or MOW worker. An office 

car, inspection car, specialized 

maintenance equipment, and a wreck 

train is not included. 

The longstanding definition of ‘‘camp 

car’’ in the guidelines of 49 CFR part 

228, app. C is clarified by adding ‘‘or 

any other mobile vehicle or mobile 

structure’’ as catch-all language. For 

example, a recreational vehicle used to 

accommodate or house an employee or 

MOW worker is a camp car within the 

meaning of § 228.5. In addition, the 

phrase ‘‘railroad employees’’ in the 

existing definition of camp car is 

replaced with ‘‘an employee or MOW 

worker.’’ The term ‘‘employee’’ is 

already defined in existing § 228.5 and 

means a train employee, signal 

employee, or dispatching service 

employee. The term ‘‘MOW worker’’ is 

defined as ‘‘an individual employed to 

inspect, install, construct, repair, or 

maintain track, roadbed, bridges, 

buildings, roadway facilities, roadway 

maintenance machines, electric traction 

systems, and right of way of a railroad.’’ 

Subpart B of Part 228 

Section 228.13 [Removed and 

Reserved] 

FRA is removing and reserving 

§ 228.13, Preemptive effect, for two 

reasons. First, the section is unnecessary 

because it is duplicative of statutory law 

at 49 U.S.C. 20106 and case law. 

Second, the section is incomplete 

because it omits reference to the 

preemptive effect of the hours of service 

laws (49 U.S.C. ch. 211), (the authority 

for 49 CFR part 228, subparts C, E, and 

F). The hours of service laws have been 

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interpreted by the Supreme Court as 

preempting State regulation of the hours 

of railroad employees. See Hill v. State 

of Florida ex rel. Watson, 325 U.S. 538, 

553 (1945). 

Section 228.6 Penalty 

In addition, FRA is redesignating two 

provisions in subpart B that are 

intended to apply to the entire part in 

order to move them to subpart A, 

General. In particular, FRA is 

redesignating § 228.21, Civil penalty, 

and § 228.23, Criminal penalty, as 

§ 228.6, Penalty. 

Subpart C of Part 228 

Heading of Subpart C 

FRA is changing the heading of 

subpart C from ‘‘Construction of 

Employee Sleeping Quarters’’ to 

‘‘Construction of Railroad-Provided 

Sleeping Quarters.’’ ‘‘RailroadProvided’’ is added to emphasize that 

the regulations apply only to sleeping 

quarters that are provided by a railroad, 

and the word ‘‘Employee’’ is deleted 

since the amended subpart applies not 

only to sleeping quarters occupied by an 

employee but also to sleeping quarters 

in the form of a camp car that are 

provided by a railroad to an MOW 

worker. 

Section 228.101 Distance Requirement 

for Employee Sleeping Quarters; 

Definitions Used in This Subpart 

In § 228.101, the heading is changed 

from ‘‘Distance requirement; 

definitions’’ to ‘‘Distance requirement 

for railroad-provided employee sleeping 

quarters; definitions used in this 

subpart.’’ This revision is intended to 

reflect that paragraph (a) applies only to 

sleeping quarters for employees (not for 

MOW workers). That section reflects the 

1976 statutory amendment discussed 

earlier in the preamble that carries a 

July 8, 1976, compliance date. 

In addition, some typographical errors 

in paragraph (b) are corrected. 

Specifically, ‘‘Except as determined in 

accordance with the provisions of this 

subpart. ‘The immediate vicinity’ ’’ is 

replaced with ‘‘Except as determined in 

accordance with the provisions of this 

subpart, the ‘immediate vicinity’ ’’ 

instead. 

§ 228.102 Distance Requirement for 

Camp Cars Provided by Railroads as 

Sleeping Quarters Exclusively for MOW 

Workers 

In new § 228.102, FRA is restating the 

statutory language at 49 U.S.C. 21106(b) 

and 21106(a)(2) by saying that a railroad 

that uses camp cars must comply by 

December 31, 2009, with the prohibition 

in 49 U.S.C. 21106(a)(2) with respect to 

those camp cars that are provided as 

sleeping quarters exclusively to MOW 

workers. (Camp cars for train 

employees, signal employees, or 

dispatching service employees and 

camp cars occupied by both coveredservice employees and MOW workers 

are already subject to the July 8, 1976, 

compliance date in 49 U.S.C. 

21106(a)(2) and 49 CFR 228.101.) In 

other words, under the statute, starting 

December 31, 2009, a railroad must not 

begin construction or reconstruction of 

a camp car provided by the railroad as 

sleeping quarters exclusively for MOW 

workers within or in the immediate 

vicinity of any area where railroad 

switching or humping is performed. (Of 

course, compliance with the regulation 

itself would not be due until the date 

established in the final rule.) The key 

terms in new § 228.102 are already 

defined in the subpart or at § 228.5. In 

effect, absent FRA’s special approval in 

accordance with subpart C, a railroad 

may not begin construction or 

reconstruction of a camp car (including 

the placement of a camp car) as sleeping 

quarters solely for MOW workers in or 

within the distance specified in the 

regulations at § 228.101(b) (one-half 

mile from the location where such 

switching or humping of placarded cars 

takes place). Procedures on requesting 

FRA’s special approval are found within 

that subpart and at 49 CFR part 211. 

Section 228.102 notes that references to 

‘‘employees’’ in the sections on 

procedures in §§ 228.103–228.107 must 

be read to include MOW workers. 

Subpart E of Part 228 

FRA is adding new subpart E entitled, 

‘‘Safety and Health Requirements for 

Camp Cars Provided by Railroads as 

Sleeping Quarters.’’ 

Section 228.301 Purpose and Scope 

This section is a basic restatement of 

the legal mandate in section 420 of RSIA 

that is codified at 49 U.S.C. 21106(c), 

which requires the issuance of 

regulations to implement 49 U.S.C. 

21106(a)(1) with respect to certain camp 

cars. Section 21106(a)(1) of title 49 of 

the U.S. Code provides that sleeping 

quarters provided by a railroad to its 

covered-service employees and MOW 

workers must be— 

clean, safe, and sanitary, give those 

employees and individuals an opportunity 

for rest free from the interruptions caused by 

noise under the control of the carrier, and 

provide indoor toilet facilities, potable water, 

and other features to protect the health of 

employees * * * 

Subpart E replaces the outdated 

guidelines at 49 CFR part 228, app. C 

consistent with RSIA’s requirements. 

Section 228.303 Application and 

Responsibility for Compliance 

This section defines the railroads that 

are covered by the new subpart. All 

railroads are covered, with the 

exception of three types of railroad 

operations. The three listed exceptions 

are for operations that are not part of the 

general railroad system of 

transportation: (1) Railroads that operate 

exclusively on track that is not part of 

that system (plant railroads, as that term 

is defined in § 228.5); (2) tourist, scenic, 

historic, or excursion railroads that are 

not part of the general railroad system 

of transportation, a term also defined in 

§ 228.5 (tourist railroads); and (3) rapid 

transit operations in an urban area that 

are not connected to the general railroad 

system of transportation. See 49 CFR 

part 209, app. A for a discussion of 

‘‘general railroad system of 

transportation.’’ As a matter of policy, 

FRA almost never exercises its statutory 

jurisdiction over plant railroads and 

generally does not exercise its statutory 

jurisdiction over tourist railroads that 

operate only off the general system. (But 

see, e.g., 49 CFR part 228, subpart F, 

including § 228.401, and the Bridge 

Safety Standards at 49 CFR part 237). 

FRA lacks statutory jurisdiction over 

urban rapid transit operations not 

connected to the general system. See 49 

U.S.C. 20102, 20103. 

In addition, paragraph (b) explains 

that even though subpart E of part 228 

applies only to railroads, a railroad may 

not avoid fulfilling the requirements of 

this subpart by using contractors or 

subcontractors. If, for example, a 

railroad uses a contractor to provide 

dining services for the occupants of a 

camp car, FRA will still enforce the 

provisions of § 228.325 against the 

railroad to ensure that the food service 

is safe and sanitary. 

Section 228.305 Compliance Date 

This section establishes the deadline 

for compliance. A December 31, 2010, 

deadline for compliance with the 

regulations was set by Congress in 

section 420 of RSIA, but the final rule 

may not become effective until 60 days 

after it is published. The compliance 

date for this rule is December 30, 2011. 

Section 228.307 Definitions 

This section defines key terms used in 

subpart E. Many of these definitions 

were originally set forth in FRA’s 1990 

Guidelines. In addition, many of these 

definitions have been taken from 

standards issued by OSHA. 

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Section 228.309 Structure, Emergency 

Egress, Lighting, Temperature, and 

Noise-Level Standards 

This section sets forth a series of 

requirements for camp cars provided by 

a railroad as sleeping quarters to 

employees or MOW workers or both. 

First, the section requires that the camp 

cars are constructed so as to provide 

protection from the elements. Second, 

the section requires that the camp cars 

provide an opportunity for rest free from 

interruptions caused by noise under the 

control of the railroad that provides the 

camp cars. The limit of 55 dB(A) is 

based on FRA’s longstanding 

interpretation of an hours of service 

statutory provision related to sleeping 

quarters. 49 U.S.C. 21106(a)(1); 49 CFR 

part 228, app. A and C. It is notable that 

the 55 dB(A) level is typical of semiurban and suburban neighborhood 

outside ambient noise during the 

evening hours with minimal street 

traffic. Levels such as these have also 

been measured in the same 

neighborhoods on side streets during 

daylight hours; thus, the 55 dB(A) limit 

should not be difficult to achieve. Third, 

this section requires that the camp cars 

be able to maintain a minimum 

temperature during cold weather (68 °F) 

and a maximum temperature during hot 

weather (75 °F). Fourth, the section 

requires that camp cars provide an 

adequate means of egress in the event of 

an emergency situation. There must be 

at least two emergency exits. Finally, 

FRA is also establishing minimum 

lighting standards, including provisions 

requiring the interior pathway to an 

emergency exit not immediately 

accessible to the occupants to be 

illuminated at all times for emergency 

egress purposes, except that 

illumination of emergency pathways is 

not required inside sleeping 

compartments. 

Section 228.311 Minimum Space 

Requirements, Beds, Storage, and 

Sanitary Facilities 

This section requires that, to prevent 

overcrowding, the camp car’s occupants 

have at least 80 square feet each; in a 

camp car where occupants cook, live, 

and sleep, a minimum of 120 square feet 

per occupant must be provided. The 

section also requires certain types of 

furniture. This section also creates a 

limit of four occupants per car. 

Section 228.313 Electrical System 

Requirements 

This section sets forth requirements 

regarding the safety of all electrical 

systems in the camp car, including, but 

not limited to, heating, cooking, 

ventilation, air conditioning, and water 

heating equipment. While the NPRM 

stated that these systems must be 

installed in accordance with all 

applicable provisions of the National 

Fire Protection Association’s NFPA 70 

(2008), ‘‘National Electrical Code’’ (NEC 

2008), approved by the National Fire 

Protection Association (NFPA) 

Standards Council on July 26, 2007, 

with an effective date of August 15, 

2007, FRA realizes that this code is not 

the only industry standard that could be 

used to ensure safe and working 

electrical equipment. To allow greater 

flexibility, FRA has decided to allow 

railroads to utilize industry-recognized 

standards other than those set forth in 

NEC 2008. These may include Statemodified NEC Standards, other 

nationally-recognized standards, or 

internationally-recognized standards. 

FRA expects all electrical systems 

installed to be compliant with 

whichever industry-recognized standard 

the railroad utilizes. 

This section of the rule does not 

specify any certain code that must be 

used for heating, ventilation, and air 

conditioning (HVAC) systems, but does 

require that all such systems be safe and 

working. FRA anticipates that, to ensure 

that these systems are safe and operable, 

railroads will require HVAC systems in 

their camp cars to meet widely-adopted 

standards, such as those of the 

standards of the Sheet Metal and Air 

Conditioning Contractors National 

Association; the American Society of 

Heating, Refrigerating, and AirConditioning Engineers; and the 

American National Standards Institute. 

Section 228.315 Vermin Control 

This section sets forth requirements 

related to the prevention and resolution 

of vermin infestations. 

Section 228.317 Toilets 

This section represents a substantial 

revision of the parallel provision in 

FRA’s 1990 Guidelines to reflect a more 

appropriate number of toilets required. 

Further, the section requires that there 

be at least one toilet room located 

within a camp car that has sleeping 

facilities for a total of one or two 

occupants. If the camp car has three or 

four occupants, then at least two toilet 

rooms are required. FRA believes that 

this requirement provides an adequate 

standard for the minimum number of 

toilets. A toilet room must have a door 

that latches, one that is capable of being 

and staying securely closed, and the 

toilet room must be sufficient to assure 

privacy. Certain construction and 

cleanliness standards are also included 

in this section. 

Section 228.319 Lavatories 

This section requires every camp car 

that provides a sleeping facility to have 

a basin with hot and cold potable 

running water, soap, and hand-drying 

equipment or towels. It also requires at 

least one basin per car with sleeping 

facilities. 

Section 228.321 Showering Facilities 

The section mandates a minimum 

number of showers, construction 

requirements for the showers, and the 

provision of showering supplies. 

Section 228.323 Potable Water 

This lengthy section sets forth 

requirements to ensure that the water 

provided to the occupants of camp cars 

is safe. Water uses such as personal oral 

hygiene, washing of the person, 

drinking as well as food washing, 

preparation, and cooking, and cleaning 

of the cooking utensils, cooking 

surfaces, and eating surfaces—all 

require the use of water that is potable. 

If the water supplied for these uses is 

provided by means of a system of tanks, 

lines, and other plumbing, the integrity 

and cleanliness of such systems need to 

be maintained. 

To facilitate these objectives, FRA has 

established a series of requirements in 

this section. Individuals who fill potable 

water systems servicing a camp car must 

be trained. The source for water 

provided to the occupants of a camp car 

must meet minimum standards put forth 

by the Environmental Protection Agency 

under 40 CFR part 141, National 

Primary Drinking Water Regulations. A 

railroad must obtain a certificate 

indicating this fact. Section 228.323 

does not require that the water as it 

flows from any faucet within the camp 

be certified as potable, but rather that 

the source of the water itself be potable. 

A railroad may obtain the certificate 

even before a camp reaches any given 

location to avoid interrupting 

operations. Of course the expected 

connection must be somewhat 

imminent: a railroad could not, for 

example, legally rely on a certification 

that is six months old. The certificate 

must be kept with the camp car for the 

duration of the connection, after which 

the certificate must be sent to a 

centralized location, such as the 

railroad’s system headquarters. This 

location must be the depository for all 

water certification records for the 

railroad. Further, equipment and 

construction employed to provide 

potable water to a camp car must be 

approved by the Food and Drug 

Administration. The water itself must be 

stored in sanitary containers and be 

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dispensed so that sanitary conditions 

are maintained. Distribution lines must 

have adequate pressure for 

simultaneous use. Potable water systems 

must be flushed and disinfected 

regularly, and the steps that are taken to 

do so must be recorded. Those records 

must be kept within the camp for the 

duration of the connection and then 

sent to a centralized location. Certain 

procedures must be followed in 

response to a report of a problem with 

the taste of the water or a report of a 

health problem because of the water. 

Section 228.325 Food Service in a 

Camp Car or Separate Kitchen or Dining 

Car 

The section prohibits the presence of 

food and beverages in toilet rooms and 

toxic material areas, imposes 

requirements applicable when a central 

dining operation is provided, and 

requires that food service facilities and 

operations will operate hygienically. 

The limitations of paragraphs (c) and (d) 

do not apply to food service from nearby 

restaurants that are subject to State law. 

Section 228. 327 Sewage and Waste 

Collection and Disposal 

This section addresses the necessity 

of wastes being disposed to ensure a 

sanitary environment. Timely removal 

of all kinds of waste is mandated by 

§ 228.329(a). Camp cars must be 

equipped with a method to dispose of 

sewage according to § 228.329(b). 

Appropriate waste containers for both 

general waste and food waste are 

required by § 228.329(c) and (d), 

respectively. 

Section 228.329 Housekeeping 

This section requires that each camp 

car be kept as clean as is practicable 

given the type of work performed by the 

occupants of the car. Railroads and 

camp car occupants share the obligation 

to keep the camp car facilities clean and 

in good care, meaning that railroads are 

responsible for the regular and thorough 

cleaning of all camp car facilities, and 

that camp car occupants should use 

good housekeeping practices. The 

section also requires elimination of 

splinters, unnecessary holes, and other 

conditions or features that impede 

cleaning. 

Section 228.331 First Aid and Life 

Safety 

This section requires a first aid kit in 

each camp car with specified contents. 

This list is based on the requirements 

for first aid kits in passenger trains set 

forth in FRA’s regulations on passenger 

train emergency preparedness at 49 CFR 

239.101(a)(6). Railroads should add 

items to the first-aid kit as conditions 

warrant, for example, increasing the 

minimum number of bandages for a 

larger crew than normal or providing 

additional items if the occupants of the 

camp car regularly deal with hazardous 

material. Additional items that railroads 

may consider providing include 

ammonia inhalants, aspirin, and a 

splint. 

Each occupied sleeping room in a 

camp car must be equipped with a 

functional smoke alarm and carbon 

monoxide alarm or a combination 

device that incorporates both types of 

alarms, and there must be a functional 

fire extinguisher in each sleeping room 

of the camp car. The fire extinguisher 

must be ‘‘Type ABC,’’ a classification 

put forth by National Fire Protection 

Association and widely used. In 

addition, each camp car consist must 

have an emergency preparedness plan 

prominently displayed. 

Section 228.333 Remedial Action 

As a reflection of FRA’s enforcement 

policy, the section gives a limited 

amount of time for a railroad to take 

action after receiving specified notice to 

repair a camp car that does not comply 

with these regulations. The section also 

requires that a railroad provide alternate 

accommodations when a camp car does 

not provide the essential services such 

as proper cooling or heating. In 

addition, if a camp car is noncompliant 

with the requirements of this subpart, 

and the railroad otherwise would have 

provided meals for occupants, it must 

provide for alternate arrangement for 

meals. 

Section 228.335 Electronic 

Recordkeeping 

This section provides for electronic 

recordkeeping of records required by 

this subpart. 

Appendix A and Appendix C of 

Part 228 

Finally, conforming changes are being 

made to appendix A to part 228, and 

appendix C to part 228 is being 

removed. Appendix A is revised (FRA’s 

statement of agency policy and 

interpretation of the hours of service 

laws) by removing the paragraph 

discussing the 1990 Guidelines, codified 

in appendix C to part 228, and the 

rationale for establishing those 

guidelines because appendix C is 

eliminated and superseded by new 49 

CFR part 228, subparts C and E. 

Appendix C is removed to reflect that 

the guidelines with respect to camp cars 

are being revised and converted into 

regulations at 49 CFR part 228, subparts 

C and E, which become effective upon 

the compliance date. 

III. Regulatory Impact and Notices 

A. Executive Orders 12866 and 13563 

and DOT Regulatory Policies and 

Procedures 

This rule has been evaluated in 

accordance with existing policies and 

procedures under Executive Orders 

12866 and 13563 as well as and DOT 

policies and procedures and determined 

to be non-significant. FRA has prepared 

and placed in the docket a regulatory 

evaluation addressing the economic 

impact of this final rule. Document 

inspection and copying facilities are 

available at U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. Docket material 

is also available for inspection on the 

Internet at http://www.regulations.gov. 

Photocopies may also be obtained by 

submitting a written request to the FRA 

Docket Clerk at the Office of Chief 

Counsel, RCC–10, Mail Stop 10, Federal 

Railroad Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590; please refer to Docket No. FRA– 

2009–0042, Notice No. 2. 

To carry out a 2008 Congressional 

rulemaking mandate, FRA is creating a 

new Subpart E to title 49 Code of 

Federal Regulations (CFR) part 228. The 

new subpart prescribes minimum safety 

and health requirements for camp cars 

that railroads provide as sleeping 

quarters to train employees, signal 

employees, dispatching service 

employees, and individuals employed 

to maintain its right-of-way. The new 

regulation supplants existing guidelines 

that interpret previously enacted 

statutory requirements. The previous 

guidelines required railroad-provided 

camp cars to be clean, safe, and sanitary; 

and afford those employees and 

individuals an opportunity for rest—free 

from the interruptions caused by noise 

under the control of the railroad. In 

further response to the congressional 

mandate, the regulations include the 

additional statutory requirements that 

camp cars provide indoor toilets, 

potable water, and other features to 

protect the health of such workers. 

Under separate but related statutory 

authority, FRA is amending subpart C to 

49 CFR part 228, Construction of 

Employee Sleeping Quarters. In 

accordance with the RSIA, FRA applies 

the location restrictions to include camp 

cars occupied exclusively for 

individuals employed to maintain the 

right-of-way. 

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2See 68 FR 24891, May 9, 2003, codified at 

Appendix C to 49 CFR Part 209. 

Finally, FRA is making conforming 

changes to part 228, clarifying its 

provision on applicability, removing an 

existing provision on the preemptive 

effect of part 228 as unnecessary; and 

moving, without changing, an existing 

provision on penalties for violation of 

part 228 from subpart B to subpart A. 

FRA estimates costs and benefits for 

the final rule. In this case, only one 

railroad will be affected, NS. Since NS 

has already taken action to address the 

safety and health issues in an acceptable 

manner, this final rule will add only 

minimal costs. Some new requirements 

that will add costs are certification of 

the potable water source, lab tests when 

necessary, draining and flushing of the 

water system, and carbon monoxide 

detectors. As described in the regulatory 

evaluation, FRA estimates the annual 

costs of this rule will range between 

$61,000 and $80,000. The main benefit 

of this rule is the assurance that current 

safety and health levels of camp cars 

will be maintained in the future. 

B. Regulatory Flexibility Act and 

Executive Order 13272 

To ensure potential impacts of rules 

on small entities are properly 

considered, FRA developed this final 

rule in accordance with Executive Order 

13272 (‘‘Proper Consideration of Small 

Entities in Agency Rulemaking’’) and 

DOT’s procedures and policies to 

promote compliance with the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

The Regulatory Flexibility Act 

requires an agency to review regulations 

to assess their impact on small entities. 

An agency must conduct a regulatory 

flexibility analysis unless it determines 

and certifies that a rule is not expected 

to have a significant impact on a 

substantial number of small entities. 

As discussed earlier, FRA has 

initiated this rulemaking as a 

requirement of the RSIA. FRA is 

promulgating new regulations in a new 

Subpart E to part 228, prescribing 

minimum safety and health 

requirements for camp cars that a 

railroad provides as sleeping quarters to 

any of its train employees, signal 

employees, dispatching service 

employees, and individuals employed 

to maintain its right-of-way. The new 

regulations supplant existing guidelines 

that interpret existing statutory 

requirements, enacted decades earlier, 

that railroad-provided camp cars be 

clean, safe, sanitary, and afford those 

employees and individuals an 

opportunity for rest free from the 

interruptions caused by noise under the 

control of the railroad. In further 

response to the rulemaking mandate, the 

new regulations include the additional 

statutory requirements, enacted in 2008, 

that camp cars be provided with indoor 

toilets, potable water, and other features 

to protect the health of such workers. In 

developing this final rule, FRA 

coordinated with the U.S. Department of 

Labor, as required by the congressional 

mandate. 

Under separate but related statutory 

authority, FRA is amending subpart C to 

49 CFR part 228, Construction of 

Employee Sleeping Quarters. This 

subpart contains FRA’s longstanding 

regulations implementing the statutory 

provision that prohibits railroads, 

effective July 8, 1976, from beginning 

the construction or reconstruction of 

railroad-provided sleeping quarters for 

train employees, signal employees, and 

dispatching service employees in an 

area or in the immediate vicinity of an 

area where railroad switching or 

humping of hazardous material occurs. 

Previously, these regulations affecting 

the location of sleeping quarters for 

covered service employees did not 

apply to sleeping quarters exclusively 

for individuals employed to maintain 

the right-of-way of a railroad. In 

particular, FRA is implementing a 2008 

statutory amendment that, on and after 

December 31, 2009, camp cars provided 

by a railroad as sleeping quarters 

exclusively for individuals employed to 

maintain the right-of-way of a railroad 

are within the scope of the prohibition 

against beginning construction or 

reconstruction of employee sleeping 

quarters near railroad switching or 

humping of hazardous material. FRA’s 

existing guidelines with respect to the 

location of a camp car that is occupied 

exclusively by individuals employed to 

maintain a railroad’s right-of-way will 

be replaced with regulatory 

amendments prohibiting a railroad from 

positioning such a camp car in the 

immediate vicinity of the switching or 

humping of hazardous material. 

Finally, the final rule makes 

conforming changes to Appendix A to 

part 228 and removes Appendix C to 

part 228. The rule also clarifies its 

provision on applicability, removes an 

existing provision on the preemptive 

effect of part 228 as unnecessary, and 

moves, without change, an existing 

provision on penalties for violation of 

part 228 from subpart B to subpart A. 

Pursuant to the Regulatory Flexibility 

Act (5 U.S.C. 605(b)), FRA certifies that 

this final rule would not have a 

significant impact on a substantial 

number of small entities. 

i. Description of Regulated Entities and 

Impacts 

This rule applies to railroads that 

provide camp cars to employees or 

MOW workers as sleeping quarters, 

contractors and subcontractors of 

railroads. ‘‘Small entity’’ is defined in 5 

U.S.C. 601 as including a small business 

concern that is independently owned 

and operated, and is not dominant in its 

field of operation. The U.S. Small 

Business Administration (SBA) has 

authority to regulate issues related to 

small businesses, and stipulates in its 

size standards that a small entity in the 

railroad industry is a for profit ‘‘linehaul railroad’’ that has fewer than 1,500 

employees, a ‘‘short line railroad’’ with 

fewer than 500 employees, or a 

‘‘commuter rail system’’ with annual 

receipts of less than $7 million. See 

‘‘Size Eligibility Provisions and 

Standards,’’ 13 CFR part 121, subpart A. 

Federal agencies may adopt their own 

size standards for small entities in 

consultation with SBA and in 

conjunction with public comment. 

Pursuant to that authority, FRA has 

published a final statement of agency 

policy that formally establishes small 

entities or ‘‘small businesses’’ as being 

railroads, contractors, and hazardous 

materials shippers that meet the revenue 

requirements of a Class III railroad as set 

forth in 49 CFR § 1201.1–1, which is $20 

million or less in inflation-adjusted 

annual revenues, and commuter 

railroads or small governmental 

jurisdictions that serve populations of 

50,000 or less.2 The $20 million limit is 

based on the Surface Transportation 

Board’s revenue threshold for a Class III 

railroad carrier. Railroad revenue is 

adjusted for inflation by applying a 

revenue deflator formula in accordance 

with 49 CFR § 1201.1–1. 

This final rule does not affect any 

small entities. 

Criteria for Substantial Number 

There is only one railroad that will be 

affected by this regulation. It is a Class 

I railroad that is not a small entity. 

Consequently, this regulation does not 

burden a substantial number of small 

entities. 

Criteria for Significant Economic 

Impacts 

The factual basis for the certification 

that this final rule, if promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

is that no railroads that are considered 

small entities will be affected by the 

regulation. This regulation does not 

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disproportionately place any small 

railroads that are small entities at a 

significant competitive disadvantage. 

There are no small railroads that house 

employees or MOW workers in camp 

cars. 

Outreach to Small Entities 

Outreach to small entities is not 

necessary since the final rule does not 

affect any small entities. FRA requested 

comments on this assumption in the 

NPRM and received none. 

ii. Certification 

Pursuant to the Regulatory Flexibility 

Act, 5 U.S.C. § 605(b), the FRA 

Administrator certifies that the final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

C. Federalism Implications 

Executive Order 13132, ‘‘Federalism’’ 

(64 FR 43255 (Aug. 10, 1999)), requires 

FRA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ are 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ Under Executive 

Order 13132, the agency may not issue 

a regulation with federalism 

implications that imposes substantial 

direct compliance costs and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, the agency consults with 

State and local governments, or the 

agency consults with State and local 

government officials early in the process 

of developing the regulation. Where a 

regulation has federalism implications 

and preempts State law, the agency 

seeks to consult with State and local 

officials in the process of developing the 

regulation. 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132. This rule will not have a 

substantial effect on the States or their 

political subdivisions; it will not impose 

any direct compliance costs on State 

and local governments; and it will not 

affect the relationships between the 

Federal government and the States or 

their political subdivisions, or the 

distribution of power and 

responsibilities among the various 

levels of government. FRA has also 

determined that this rule will not 

impose substantial direct compliance 

costs on State and local governments. 

Therefore, the consultation and funding 

requirements of Executive Order 13132 

do not apply. 

However, this rule may have 

preemptive effect by operation of law 

under a provision of the former Federal 

Railroad Safety Act of 1970, 49 U.S.C. 

20106 (Section 20106), and case law 

interpreting the statutory predecessor of 

the hours of service laws at 49 U.S.C. 

ch. 211 (the Hours of Service Act). See 

Pub. L. 103–272. Section 20106 

provides that States may not adopt or 

continue in effect any law, regulation, or 

order related to railroad safety or 

security that covers the subject matter of 

a regulation prescribed or order issued 

by the Secretary of Transportation (with 

respect to railroad safety matters) or the 

Secretary of Homeland Security (with 

respect to railroad security matters), 

except when the State law, regulation, 

or order qualifies under the ‘‘local safety 

or security hazard’’ exception to Section 

20106. The Hours of Service Act has 

been interpreted by the Supreme Court 

as preempting State regulation of the 

hours of railroad employees. See Hill v. 

State of Florida ex rel. Watson, 325 U.S. 

538, 553 (1945). 

In sum, FRA has analyzed this rule in 

accordance with the principles and 

criteria contained in Executive Order 

13132. As explained above, FRA has 

determined that this rule has no 

federalism implications, other than the 

possible preemption of State laws. 

Accordingly, FRA has determined that 

preparation of a federalism summary 

impact statement for this rule is not 

required. 

D. International Trade Impact 

Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

engaging in any standards or related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and where 

appropriate, that they be the basis for 

U.S. standards. This rulemaking is 

purely domestic in nature and is not 

expected to affect trade opportunities 

for U.S. firms doing business overseas or 

for foreign firms doing business in the 

United States. 

E. Paperwork Reduction Act 

The information collection 

requirements in this final rule have been 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995, 

44 U.S.C. 3501 et seq. The sections that 

contain the new information collection 

requirements and the estimated time to 

fulfill each requirement are as follows: 

CFR Section Respondent 

universe Total annual responses Average time per response 

Total annual 

burden hours 

228.323—Potable water 

Water Hydrants (Inspections) ............................................. 1 Railroad ......... 740 inspections .................... 3 minutes .......... 37 

Water Hydrants (Records) .................................................. 1 Railroad ......... 740 records .......................... 2 minutes .......... 24.67 

Inspection Records—Copy to Central Location .................. 1 Railroad ......... 740 record copies ................ 10 seconds ....... 2.06 

Training—For Individuals to Fill Potable Water Systems ... 1 Railroad ......... 37 trained employees .......... 15 minutes ........ 9.25 

Training Materials/Records ................................................. 1 Railroad ......... 1 set of training materials .... 4 hours ............. 4 

Certification from State/local Health Authority .................... 1 Railroad ......... 666 certificates ..................... 1 hour ............... 666 

Certification by Laboratory .................................................. 1 Railroad ......... 74 certificates ....................... 20 minutes ........ 24.67 

Copy of Certificate when Connection Is Terminated .......... 1 Railroad ......... 740 certification copies ........ 10 seconds ....... 2.06 

Draining, Flushing and Record ........................................... 1 Railroad ......... 111 records .......................... 30 minutes ........ 55.5 

Occupant Reports of Taste Problem .................................. 1 Railroad ......... 10 taste reports .................... 10 seconds ....... 0.03 

Draining/Flushing and Record, when Taste Report ........... 1 Railroad ......... 10 records ............................ 30 minutes ........ 5 

Lab Tests from Taste Report .............................................. 1 Railroad ......... 10 tests/certificates .............. 20 minutes ........ 3.33 

Lab Report Copies .............................................................. 1 Railroad ......... 10 lab copies ........................ 2 minutes .......... 0.33 

Signage (for non-potable Water) ........................................ 1 Railroad ......... 740 signs .............................. 2.5 minutes ....... 30.83 

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67086 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 

CFR Section Respondent 

universe Total annual responses Average time per response 

Total annual 

burden hours 

228.331—First aid and life safety 

Master Emergency Plan ...................................................... 1 Railroad ......... 1 master emergency plan .... 1.5 hours .......... 1.5 

Master Emergency Plan Copies ......................................... 1 Railroad ......... 292 copies ............................ 3 seconds ......... 0.24 

Emergency Plan (at each Location) ................................... 1 Railroad ......... 740 modified plans ............... 15 minutes ........ 185 

Emergency Plan Copies ..................................................... 1 Railroad ......... 5,840 copies ......................... 3 seconds ......... 4.87 

228.333—Remedial actions 

Oral Report of Needed Repair ............................................ 1 Railroad ......... 30 oral reports ...................... 10 seconds ....... 0.083 

Total 11,532 responses 1,056.42 hours 

All estimates include the time for 

reviewing instructions; searching 

existing data sources; gathering or 

maintaining the needed data; and 

reviewing the information. Pursuant to 

44 U.S.C. 3506(c)(2)(B), FRA solicits 

comments concerning the following: 

whether these information collection 

requirements are necessary for the 

proper performance of the functions of 

FRA, including whether the information 

has practical utility; the accuracy of 

FRA’s estimates of the burden of the 

information collection requirements; the 

quality, utility, and clarity of the 

information to be collected; and 

whether the burden of collection of 

information on those who are to 

respond, including through the use of 

automated collection techniques or 

other forms of information technology, 

may be minimized. For information or 

a copy of the paperwork package 

submitted to OMB, contact Mr. Robert 

Brogan, Information Clearance Officer, 

Office of Railroad Safety, at (202) 493– 

6292, or Ms. Kimberly Toone, Office of 

Information Technology, at (202) 493– 

6132. 

Organizations and individuals 

desiring to submit comments on the 

collection of information requirements 

should direct them to the Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 725 

17th St. NW., Washington, DC 20503, 

attn: FRA Desk Officer. Comments may 

also be sent via email to OMB at the 

following address: 

oira_submission@omb.eop.gov. 

OMB is required to make a decision 

concerning the collection of information 

requirements contained in this final rule 

between 30 and 60 days after 

publication of this document in the 

Federal Register. Therefore, a comment 

to OMB is best assured of having its full 

effect if OMB receives it within 30 days 

of publication. 

FRA is not authorized to impose a 

penalty on persons for violating 

information collection requirements 

which do not display a current OMB 

control number, if required. FRA 

intends to obtain current OMB control 

numbers for any new information 

collection requirements resulting from 

this rulemaking action prior to the 

effective date of the final rule. The OMB 

control number, when assigned, will be 

announced by separate notice in the 

Federal Register. 

F. Unfunded Mandates Reform Act of 

1995 

Pursuant to Section 201 of the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, 2 U.S.C. 1531), each 

Federal agency ‘‘shall, unless otherwise 

prohibited by law, assess the effects of 

Federal regulatory actions on State, 

local, and tribal governments, and the 

private sector (other than to the extent 

that such regulations incorporate 

requirements specifically set forth in 

law).’’ Section 202 of the Act (2 U.S.C. 

1532) further requires that ‘‘before 

promulgating any general notice of 

proposed rulemaking that is likely to 

result in the promulgation of any rule 

that includes any Federal mandate that 

may result in expenditure by State, 

local, and tribal governments, in the 

aggregate, or by the private sector, of 

$100,000,000 or more (adjusted 

annually for inflation) in any 1 year, and 

before promulgating any final rule for 

which a general notice of proposed 

rulemaking was published, the agency 

shall prepare a written statement’’ 

detailing the effect on State, local, and 

tribal governments and the private 

sector. For the year 2010, this monetary 

amount of $100,000,000 has been 

adjusted to $140,800,000 to account for 

inflation. This final rule will not result 

in the expenditure of more than 

$140,800,000 by the public sector in any 

one year, and thus preparation of such 

a statement is not required. 

G. Environmental Assessment 

FRA has evaluated this rule in 

accordance with its ‘‘Procedures for 

Considering Environmental Impacts’’ 

(FRA’s Procedures) (64 FR 28545, May 

26, 1999) as required by the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.), other environmental 

statutes, Executive Orders, and related 

regulatory requirements. FRA has 

determined that this rule is not a major 

FRA action (requiring the preparation of 

an environmental impact statement or 

environmental assessment) because it is 

categorically excluded from detailed 

environmental review pursuant to 

section 4(c)(20) of FRA’s Procedures. 

See 64 FR 28547, May 26, 1999. Section 

4(c)(20) reads as follows: 

(c) Actions categorically excluded. Certain 

classes of FRA actions have been determined 

to be categorically excluded from the 

requirements of these Procedures as they do 

not individually or cumulatively have a 

significant effect on the human environment. 

* * * * * 

The following classes of FRA actions are 

categorically excluded: 

* * * * * 

(20) Promulgation of railroad safety rules 

and policy statements that do not result in 

significantly increased emissions or air or 

water pollutants or noise or increased traffic 

congestion in any mode of transportation. 

In accordance with section 4(c) and 

(e) of FRA’s Procedures, the agency has 

further concluded that no extraordinary 

circumstances exist with respect to this 

regulation that might trigger the need for 

a more detailed environmental review. 

As a result, FRA finds that this rule is 

not a major Federal action significantly 

affecting the quality of the human 

environment. 

H. Energy Impact 

Executive Order 13211 requires 

Federal agencies to prepare a Statement 

of Energy Effects for any ‘‘significant 

energy action.’’ 66 FR 28355, May 22, 

2001. Under the Executive Order, a 

‘‘significant energy action’’ is defined as 

any action by an agency (normally 

published in the Federal Register) that 

promulgates or is expected to lead to the 

promulgation of a final rule or 

regulation, including notices of inquiry, 

advance notices of proposed 

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Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 67087 

rulemaking, and notices of proposed 

rulemaking: (1)(i) That is a significant 

regulatory action under Executive Order 

12866 or any successor order, and (ii) is 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy; or (2) that is designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. FRA has 

evaluated this rule in accordance with 

Executive Order 13211. FRA has 

determined that this rule is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

Consequently, FRA has determined that 

this rule is not a ‘‘significant energy 

action’’ within the meaning of Executive 

Order 13211. 

I. Privacy Act 

FRA wishes to inform all potential 

commenters that anyone is able to 

search the electronic form of all 

comments received into any agency 

docket by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

List of Subjects in 49 CFR Part 228 

Administrative practice and 

procedures, Buildings and facilities, 

Hazardous materials transportation, 

Noise control, Penalties, Railroad 

employees, Railroad safety, Reporting 

and recordkeeping requirements. 

The Final Rule 

For the reasons discussed in the 

preamble, FRA is amending part 228 of 

chapter II, subtitle B of title 49, Code of 

Federal Regulations as follows: 

PART 228—HOURS OF SERVICE OF 

RAILROAD EMPLOYEES; 

RECORDKEEPING AND REPORTING; 

SLEEPING QUARTERS 

■ 1. The authority citation for part 228 

is revised to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 21101– 

21109; Sec. 108, Div. A, Public Law 110–432, 

122 Stat. 4860–4866, 4893–4894; 49 U.S.C. 

21301, 21303, 21304, 21311; 28 U.S.C. 2461, 

note; 49 CFR 1.49; and 49 U.S.C. 103. 

■ 2. The heading of part 228 is revised 

to read as set forth above. 

■ 3. Section 228.1 is amended by— 

■ a. Removing the word ‘‘employee’’ 

from paragraph (b); and 

■ b. Adding paragraph (c) to read as 

follows: 

§ 228.1 Scope. 

* * * * * 

(c) Establishes minimum safety and 

health standards for camp cars provided 

by a railroad as sleeping quarters for its 

employees and individuals employed to 

maintain its rights of way; and 

* * * * * 

■ 4. Section 228.3 is revised to read as 

follows: 

§ 228.3 Application and responsibility for 

compliance. 

(a) Except as provided in paragraph 

(b) of this section, subparts B and D of 

this part apply to all railroads, all 

contractors for railroads, and all 

subcontractors for railroads. Except as 

provided in paragraph (b) of this 

section, subparts C and E of this part 

apply only to all railroads. 

(b) Subparts B through E of this part 

do not apply to: 

(1) A railroad, a contractor for a 

railroad, or a subcontractor for a railroad 

that operates only on track inside an 

installation that is not part of the 

general railroad system of transportation 

(i.e., a plant railroad as defined in 

§ 228.5); 

(2) Tourist, scenic, historic, or 

excursion operations that are not part of 

the general railroad system of 

transportation as defined in § 228.5, 

except as provided in § 228.413(d)(2); or 

(3) Rapid transit operations in an 

urban area that are not connected to the 

general railroad system of 

transportation. 

(c) The application of subpart F of this 

part is set forth in § 228.401. 

■ 5. Section 228.5 is amended by adding 

definitions for ‘‘Camp car,’’ ‘‘MOW 

worker,’’ ‘‘Plant railroad,’’ and ‘‘Tourist, 

scenic, historic, or excursion operations 

that are not part of the general railroad 

system of transportation’’ in 

alphabetical order to read as follows: 

§ 228.5 Definitions. 

* * * * * 

Camp car means a trailer and/or ontrack vehicle, including an outfit, camp, 

bunk car, or modular home mounted on 

a flatcar, or any other mobile vehicle or 

mobile structure used to house or 

accommodate an employee or MOW 

worker. An office car, inspection car, 

specialized maintenance equipment, or 

wreck train is not included. 

* * * * * 

MOW worker means an individual 

employed to inspect, install, construct, 

repair, or maintain track, roadbed, 

bridges, buildings, roadway facilities, 

roadway maintenance machines, 

electric traction systems, and right of 

way of a railroad. 

* * * * * 

Plant railroad means a plant or 

installation that owns or leases a 

locomotive, uses that locomotive to 

switch cars throughout the plant or 

installation, and is moving goods solely 

for use in the facility’s own industrial 

processes. The plant or installation 

could include track immediately 

adjacent to the plant or installation if 

the plant railroad leases the track from 

the general system railroad and the lease 

provides for (and actual practice entails) 

the exclusive use of that trackage by the 

plant railroad and the general system 

railroad for purposes of moving only 

cars shipped to or from the plant. A 

plant or installation that operates a 

locomotive to switch or move cars for 

other entities, even if solely within the 

confines of the plant or installation, 

rather than for its own purposes or 

industrial processes, will not be 

considered a plant railroad because the 

performance of such activity makes the 

operation part of the general railroad 

system of transportation. 

* * * * * 

Tourist, scenic, historic, or excursion 

operations that are not part of the 

general railroad system of 

transportation means a tourist, scenic, 

historic, or excursion operation 

conducted only on track used 

exclusively for that purpose (i.e., there 

is no freight, intercity passenger, or 

commuter passenger railroad operation 

on the track). 

* * * * * 

■ 6. Section 228.6 is added to subpart A 

to read as follows: 

§ 228.6 Penalties. 

(a) Civil penalties. Any person (an 

entity of any type covered under 1 

U.S.C. 1, including but not limited to 

the following: a railroad; a manager, 

supervisor, official, or other employee 

or agent of a railroad; any owner, 

manufacturer, lessor, or lessee of 

railroad equipment, track, or facilities; 

any independent contractor providing 

goods or services to a railroad; and any 

employee of such owner, manufacturer, 

lessor, lessee, or independent 

contractor) who violates any 

requirement of this part or causes the 

violation of any such requirement is 

subject to a civil penalty of at least $650 

and not more than $25,000 per 

violation, except that: penalties may be 

assessed against individuals only for 

willful violations, and, where a grossly 

negligent violation or a pattern of 

repeated violations has created an 

imminent hazard of death or injury to 

persons, or has caused death or injury, 

a penalty not to exceed $100,000 per 

violation may be assessed. Each day a 

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violation continues shall constitute a 

separate offense. See appendix B to this 

part for a statement of agency civil 

penalty policy. Violations of the hours 

of service laws themselves (e.g., 

requiring an employee to work 

excessive hours or beginning 

construction of sleeping quarters subject 

to approval under subpart C of this part 

without prior approval) are subject to 

penalty under 49 U.S.C. 21303. 

(b) Criminal penalties. Any person 

who knowingly and willfully falsifies a 

report or record required to be kept 

under this part or otherwise knowingly 

and willfully violates any requirement 

of this part may be liable for criminal 

penalties of a fine under title 18 of the 

U.S. Code, imprisonment for up to two 

years, or both, in accordance with 49 

U.S.C. 21311(a). 

§ 228.13 [Removed and Reserved] 

■ 7. Section 228.13 is removed and 

reserved. 

§ 228.21 [Removed and Reserved] 

■ 8. Section 228.21 is removed and 

reserved. 

§ 228.23 [Removed and Reserved] 

■ 9. Section 228.23 is removed and 

reserved. 

■ 10. The heading of subpart C of part 

228 is revised to read as follows: 

Subpart C—Construction of RailroadProvided Sleeping Quarters 

■ 11. Section 228.101 is amended by— 

■ a. Revising the section heading to read 

as set forth below; and 

■ b. In paragraph (b), by removing 

‘‘Except as determined in accordance 

with the provisions of this subpart. ‘The 

immediate vicinity’ ’’ and inserting in its 

place, ‘‘Except as determined in 

accordance with the provisions of this 

subpart, the ‘immediate vicinity’.’’ 

§ 228.101 Distance requirement for 

employee sleeping quarters; definitions 

used in this subpart. 

* * * * * 

■ 12. Section 228.102 is added to 

subpart C to read as follows: 

§ 228.102 Distance requirement for camp 

cars provided as sleeping quarters 

exclusively to MOW workers. 

(a) The hours of service laws at 49 

U.S.C. 21106(b) provide that a railroad 

that uses camp cars must comply with 

49 U.S.C. 21106(a) no later than 

December 31, 2009. Accordingly, on or 

after December 31, 2009, a railroad shall 

not begin construction or reconstruction 

of a camp car provided by the railroad 

as sleeping quarters exclusively for 

MOW workers within or in the 

immediate vicinity of any area where 

railroad switching or humping of 

placarded cars is performed. 

(b) This subpart includes definitions 

of most of the relevant terms 

(§ 228.101(b) and (c)), the procedures 

under which a railroad may request a 

determination by the Federal Railroad 

Administration that a particular 

proposed site for the camp car is not 

within the ‘‘immediate vicinity’’ of 

railroad switching or humping 

operations (§§ 228.103 and 228.105), 

and the basic criteria utilized in 

evaluating proposed sites. See § 228.5 

for definitions of other terms. For 

purposes of this § 228.102, references to 

‘‘employees’’ in §§ 228.103 through 

228.107 shall be read to include MOW 

workers. 

■ 13. Subpart E is added to read as 

follows: 

Subpart E—Safety and Health 

Requirements for Camp Cars Provided by 

Railroads as Sleeping Quarters 

Sec. 

228.301 Purpose and scope. 

228.303 Application and responsibility for 

compliance. 

228.305 Compliance date. 

228.307 Definitions. 

228.309 Structure, emergency egress, 

lighting, temperature, and noise-level 

standards. 

228.311 Minimum space requirements, 

beds, storage, and sanitary facilities. 

228.313 Electrical system requirements. 

228.315 Vermin control. 

228.317 Toilets. 

228.319 Lavatories. 

228.321 Showering facilities. 

228.323 Potable water. 

228.325 Food service in a camp car or 

separate kitchen or dining facility in a 

camp. 

228.327 Waste collection and disposal. 

228.329 Housekeeping. 

228.331 First aid and life safety. 

228.333 Remedial action. 

228.335 Electronic recordkeeping. 

Subpart E—Safety and Health 

Requirements for Camp Cars Provided 

by Railroads as Sleeping Quarters 

§ 228.301 Purpose and scope. 

The purpose of this subpart is to 

prescribe standards for the design, 

operation, and maintenance of camp 

cars that a railroad uses as sleeping 

quarters for its employees or MOW 

workers or both so as to protect the 

safety and health of those employees 

and MOW workers and give them an 

opportunity for rest free from the 

interruptions caused by noise under the 

control of the railroad, and provide 

indoor toilet facilities, potable water, 

and other features to protect the health 

and safety of the employees and MOW 

workers. 

§ 228.303 Application and responsibility 

for compliance. 

(a) This subpart applies to all 

railroads except the following: 

(1) Railroads that operate only on 

track inside an installation that is not 

part of the general railroad system of 

transportation (i.e., plant railroads, as 

defined in § 228.5); 

(2) Tourist, scenic, historic, or 

excursion operations that are not part of 

the general railroad system of 

transportation as defined in § 228.5; or 

(3) Rapid transit operations in an 

urban area that are not connected to the 

general railroad system of 

transportation. 

(b) Although the duties imposed by 

this subpart are generally stated in terms 

of the duty of a railroad, each person, 

including a contractor or subcontractor 

for a railroad, who performs any task or 

provides camp cars covered by this 

subpart, shall do so in accordance with 

this subpart. 

§ 228.305 Compliance date. 

On and after December 30, 2011, a 

railroad shall not provide a camp car for 

use as sleeping quarters by an employee 

or MOW worker unless the camp car 

complies with all requirements of this 

subpart. 

§ 228.307 Definitions. 

As used in this subpart— 

dB(A) means the sound pressure level 

in decibels measured on the A-weighted 

scale. 

Decibel (dB) means a logarithmic unit 

of measurement that expresses the 

magnitude of a physical quantity 

(usually power or intensity) relative to 

a specified reference level. For the 

measurement of noise in this subpart, 

the reference level for the intensity of 

sound pressure in air is 20 

micropascals. 

Foot-candle means a one lumen of 

light density per square foot. 

HVAC means heating, ventilation, and 

air conditioning. 

Lavatory means a basin or similar 

vessel used primarily for washing of the 

hands, arms, face, and head. 

Leq(8) means the equivalent steady 

state sound level that in 8 hours would 

contain the same acoustic energy as the 

time-varying sound level during the 

same time period. 

Nonwater carriage toilet means a 

toilet not connected to a sewer. 

Occupant means an employee or an 

MOW worker (both as defined in 

§ 228.5) whose sleeping quarters are a 

camp car. 

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Ppm means parts per million. 

Potable water means water that meets 

the quality standards prescribed in the 

U.S. Environmental Protection Agency’s 

National Primary Drinking Water 

Standards set forth in 40 CFR part 141. 

Potable water system means the 

containers, tanks, and associated 

plumbing lines and valves that hold, 

convey, and dispense potable water 

within a camp car. 

Toilet means a chemical toilet, a 

recirculating toilet, a combustion toilet, 

or a toilet that is flushed with water; 

however, a urinal is not a toilet. 

Toilet room means a room containing 

a toilet. 

Toxic material means a material in 

concentration or amount of such 

toxicity as to constitute a recognized 

hazard that is causing or is likely to 

cause death or serious physical harm. 

Watering means the act of filling 

potable water systems. 

§ 228.309 Structure, emergency egress, 

lighting, temperature, and noise-level 

standards. 

(a) General. Each camp car must be 

constructed in a manner that will 

provide protection against the elements. 

(b) Floors. Floors must be of smooth 

and tight construction and must be kept 

in good repair. 

(c) Windows and other openings. (1) 

All camp cars must be provided with 

windows the total area of which must be 

not less than 10 percent of the floor 

area. At least one-half of each window 

designed to be opened must be so 

constructed that it can be opened for 

purposes of ventilation. Durable opaque 

window coverings must be provided to 

reduce the entrance of light during 

sleeping hours. 

(2) All exterior openings must be 

effectively screened with 16-mesh 

material. All screen doors must be 

equipped with self-closing devices. 

(d) Steps, entry ways, passageways, 

and corridors. All steps, entry ways, 

passageways, and corridors providing 

normal entry to or between camp cars 

must be constructed of durable weatherresistant material and properly 

maintained. Any broken or unsafe 

fixtures or components in need of repair 

must be repaired or replaced promptly. 

(e) Emergency egress. Each camp car 

must be constructed in a manner to 

provide adequate means of egress in an 

emergency situation. At a minimum, a 

means of emergency egress must be 

located in at least two places in camp 

car for emergency exits. 

(f) Lighting. Each habitable room in a 

camp car including but not limited to a 

toilet room, that is provided to an 

occupant must be provided with 

adequate lighting as specified below: 

(1) When occupants are present, the 

pathway to any exit not immediately 

accessible to occupants, such as through 

an interior corridor, shall be illuminated 

at all times to values of at least 1 footcandle measured at the floor, provided 

that where the pathway passes through 

a sleeping compartment, the pathway 

up to the compartment will be 

illuminated, but illumination is not 

required inside the sleeping 

compartment. 

(2) Toilet and shower rooms shall 

have controlled lighting that will 

illuminate the room to values of at least 

10 foot-candles measured at the floor. 

(3) Other areas shall have controlled 

lighting that will illuminate the room 

area to values of at least 30 foot-candles 

measured at the floor. 

(g) Temperature. Each camp car must 

be provided with equipment capable of 

maintaining a temperature of at least 68 

degrees Fahrenheit (F.) during cold 

weather and no greater than 75 degrees 

F. during hot weather. A temperature of 

at least 68 degrees F. during cold 

weather and no greater than 75 degrees 

F. during hot weather must be 

maintained within an occupied camp 

car unless the equipment is individually 

controlled by its occupant(s). 

(h) Noise control. Noise levels 

attributable to noise sources under the 

control of the railroad shall not exceed 

an Leq(8) value of 55 dB(A), with 

windows and doors closed and 

exclusive of noise from cooling, heating, 

and ventilating equipment, for any 480- 

minute period during which the facility 

is occupied. 

§ 228.311 Minimum space requirements, 

beds, storage, and sanitary facilities. 

(a) Each camp car used for sleeping 

purposes must contain at least 80 square 

feet of floor space for each occupant, 

with a maximum of four occupants per 

car. At least a 7-foot ceiling, measured 

at the entrance to the car, must be 

provided. 

(b) A bed, cot, or bunk for each 

occupant and suitable lockable storage 

facility, such as a lockable wall locker, 

or space for a lockable foot locker for 

each occupant’s clothing and personal 

articles must be provided in every room 

used for sleeping purposes. Except 

where partitions are provided, such 

beds or similar facilities must be spaced 

not closer than 36 inches laterally 

(except in rail-mounted modular units, 

where the beds shall be spaced not 

closer than 30 inches, and highway 

trailer units, where the beds shall be 

spaced not closer than 26 inches) and 30 

inches end to end, and must be elevated 

at least 12 inches from the floor. Multideck bunks, multi-deck bunk beds, and 

multi-deck similar facilities may not be 

used. 

(c) Unless otherwise provided by a 

collective bargaining agreement, clean 

linens must be provided to each 

occupant. 

(d) In a camp car where occupants 

cook, live, and sleep, a minimum of 120 

square feet of floor space per occupants 

must be provided. Sanitary facilities 

must be provided for storing and 

preparing food. See also § 228.325. 

§ 228.313 Electrical system requirements. 

(a) All heating, cooking, ventilation, 

air conditioning, and water heating 

equipment must be installed in 

accordance with an industry-recognized 

standard. Upon request by FRA, the 

railroad must identify the industryrecognized standard that it utilizes and 

establish its compliance with that 

standard. 

(b) All electrical systems installed, 

including external electrical supply 

connections, must be compliant with an 

industry-recognized standard. Upon 

request by FRA, the railroad must 

identify the industry-recognized 

standard that it utilizes and establish its 

compliance with that standard. 

(c) Each occupied camp car shall be 

equipped with or serviced by a safe and 

working HVAC system. 

§ 228.315 Vermin control. 

Camp cars shall be constructed, 

equipped, and maintained to prevent 

the entrance or harborage of rodents, 

insects, or other vermin. A continuing 

and effective extermination program 

shall be instituted where the presence of 

vermin is detected. 

§ 228.317 Toilets. 

(a) Number of toilets provided. Each 

individual camp car that provides 

sleeping facilities must have one room 

with a functional toilet for a total of one 

or two occupants, and one additional 

room with a functional toilet if there are 

a total of three or four occupants. 

(b) Construction of toilet rooms. Each 

toilet room must occupy a separate 

compartment with a door that latches 

and have walls or partitions between 

fixtures sufficient to assure privacy. 

(c) Supplies and sanitation. (1) An 

adequate supply of toilet paper must be 

provided in each toilet room, unless 

provided to the occupants individually. 

(2) Each toilet must be kept in a clean 

and sanitary condition and cleaned 

regularly when the camp car is being 

used. In the case of a non-water carriage 

toilet facility, it must be cleaned and 

changed regularly when the camp car is 

being used. 

(d) Sewage disposal facilities. (1) All 

sanitary sewer lines and floor drains 

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from a camp car toilet facility must be 

connected to a public sewer where 

available and practical, unless the car is 

equipped with a holding tank that is 

emptied in a sanitary manner. 

(2) The sewage disposal method must 

not endanger the health of occupants. 

(3) For toilet facilities connected to a 

holding tank, the tank must be 

constructed in a manner that prevents 

vermin from entry and odors from 

escaping into the camp car. 

§ 228.319 Lavatories. 

(a) Number. Each camp car that 

provides a sleeping facility must contain 

at least one functioning lavatory for a 

total of one or two occupants and an 

additional functional lavatory if there is 

a total of three or four occupants. 

(b) Water. Each lavatory must be 

provided with hot and cold potable 

running water. The water supplied to a 

lavatory must be from a potable water 

source supplied through a system 

maintained as required in § 228.323. 

(c) Soap. Unless otherwise provided 

by a collective bargaining agreement, 

hand soap or similar cleansing agents 

must be provided. 

(d) Means of drying. Unless otherwise 

provided by a collective bargaining 

agreement, individual hand towels, of 

cloth or paper, warm air blowers, or 

clean sections of continuous cloth 

toweling must be provided near the 

lavatories. 

§ 228.321 Showering facilities. 

(a) Number. Each individual camp car 

that provides sleeping facilities must 

contain a minimum of one shower for a 

total of one or two occupants and an 

additional functional shower if the 

camp car contains a total of three or four 

occupants. 

(b) Floors. (1) Shower floors must be 

constructed of non-slippery materials; 

(2) Floor drains must be provided in 

all shower baths and shower rooms to 

remove waste water and facilitate 

cleaning; 

(3) All junctions of the curbing and 

the floor must be sealed; and 

(4) There shall be no fixed grate or 

other instrument on the shower floor 

significantly hindering the cleaning of 

the shower floor or drain. 

(c) Walls and partitions. The walls 

and partitions of a shower room must be 

smooth and impervious to the height of 

splash. 

(d) Water. An adequate supply of hot 

and cold running potable water must be 

provided for showering purposes. The 

water supplied to a shower must be 

from a potable water source supplied 

through a system maintained as 

required in § 228.323. 

(e) Showering necessities. (1) Unless 

otherwise provided by a collective 

bargaining agreement, body soap or 

other appropriate cleansing agent 

convenient to the showers must be 

provided. 

(2) Showers must be provided with 

hot and cold water feeding a common 

discharge line. 

(3) Unless otherwise provided by a 

collective bargaining agreement, each 

occupant who uses a shower must be 

provided with an individual clean 

towel. 

§ 228.323 Potable water. 

(a) General requirements. (1) Potable 

water shall be adequately and 

conveniently provided to all occupants 

of a camp car for drinking, personal oral 

hygiene, washing of person, cooking, 

washing of foods, washing of cooking or 

eating utensils, and washing of premises 

for food preparation or processing. 

(2) Open containers such as barrels, 

pails, or tanks for drinking water from 

which the water must be dipped or 

poured, whether or not they are fitted 

with a cover, are prohibited. 

(3) A common drinking cup and other 

common utensils are prohibited. 

(b) Potable water source. (1) If potable 

water is provided in bottled form, it 

shall be stored in a manner 

recommended by the supplier in order 

to prevent contamination in storage. 

Bottled water shall not be provided as 

a substitute for the hot and cold running 

potable water required to be supplied in 

lavatories, showers, and sinks under 

this section. Bottled water shall contain 

a label identifying the packager and the 

source of the water. 

(2) If potable water is drawn from a 

local source, the source must meet the 

drinking water standards established by 

the U.S. Environmental Protection 

Agency under 40 CFR part 141, National 

Primary Drinking Water Regulations. 

(3) All equipment and construction 

used for supplying potable water to a 

camp car water system (e.g., a hose, 

nozzle, or back-flow prevention) shall 

be approved by the Food and Drug 

Administration. 

(4) Water hydrants. Each water 

hydrant, hose, or nozzle used for 

supplying potable water to a camp car 

water system shall be inspected prior to 

use. Each such hose or nozzle used shall 

be cleaned and sanitized as part of the 

inspection. A signed, dated record of 

this inspection shall be kept within the 

camp for the period of the connection. 

When the connection is terminated, a 

copy of each of these records must be 

submitted promptly to a centralized 

location for the railroad and maintained 

for one year from the date the 

connection was terminated. 

(5) Training. Only a trained 

individual is permitted to fill the 

potable water systems. Each individual 

who fills a potable water system shall be 

trained in— 

(i) The approved method of 

inspecting, cleaning, and sanitizing 

hydrants, hoses, and nozzles used for 

filling potable water systems; and 

(ii) The approved procedures to 

prevent contamination during watering. 

(6) Certification. Each time that 

potable water is drawn from a different 

local source, the railroad shall obtain a 

certificate from a State or local health 

authority indicating that the water from 

this source is of a quality not less than 

that prescribed in 40 CFR part 141, 

National Primary Drinking Water 

Regulations promulgated by the U.S. 

Environmental Protection Agency, or 

obtain such a certificate by a certified 

laboratory following testing for 

compliance with those standards. The 

current certification shall be kept within 

the camp for the duration of the 

connection. When the connection is 

terminated, a copy of each of these 

records must be submitted promptly to 

a centralized location for the railroad 

and maintained for one year from the 

date the connection was terminated. 

(c) Storage and distribution system. 

(1) Storage. Potable water shall be stored 

in sanitary containers that prevent 

external contaminants from entering the 

potable water supply. Such 

contaminants include biological agents 

or materials and substances that can 

alter the taste or color or are toxic. 

(2) Dispensers. Potable drinking water 

dispensers shall be designed, 

constructed, and serviced so that 

sanitary conditions are maintained, 

must be capable of being closed, and 

shall be equipped with a tap. 

(3) Distribution lines. The distribution 

lines must be capable of supplying 

water at sufficient operating pressures to 

all taps for normal simultaneous 

operation. 

(4) Flushing. Each potable water 

system shall be drained and flushed 

with a disinfecting solution at least once 

every 120 days. The railroad shall 

maintain a record of the draining and 

flushing of each separate system within 

the camp for the last two drain and 

flush cycles. The record shall contain 

the date of the work and the name(s) of 

the individual(s) performing the work. 

The original record shall be maintained 

with the camp. A copy of each of these 

records shall be sent to a centralized 

location for the railroad and maintained 

for one year. 

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Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 67091 

(i) The solution used for flushing and 

disinfection shall be a 100 parts per 

million by volume (ppm) chlorine 

solution. 

(ii) The chlorine solution shall be 

held for one hour in all parts of the 

system to ensure disinfection. 

(iii) The chlorine solution shall be 

purged from the system by a complete 

refilling and draining with fresh potable 

water. 

(iv) The draining and flushing shall be 

done more frequently if an occupant 

reports a taste or health problem 

associated with the water, or following 

any plumbing repair. 

(5) Reported problems. Following any 

report of a taste problem with the water 

from a system or a health problem 

resulting from the water in a system, 

samples of water from each tap or 

dispensing location on the system shall 

be collected and sent to a laboratory 

approved by the U.S. Environmental 

Protection Agency for testing for 

heterotrophic plate counts, total 

coliform, and fecal coliform. If a single 

sample fails any of these tests, the 

system must be treated as follows: 

(i) Heterotrophic plate count. Drain 

and flush the system within two days, 

and then return it to service. 

(ii) Total coliform. Remove the system 

from service, drain and flush system, 

resample the system, and then return 

the system to service. 

(iii) Fecal coliform. Remove the 

system from service, drain and flush the 

system, resample the system, and do not 

return the system to service until a 

satisfactory result on the test of the 

samples is obtained from the laboratory. 

(6) Reports. All laboratory reports 

pertaining to the water system of the 

camp car shall be maintained with the 

car. Within 15 days of the receipt of 

such a laboratory report, a copy of the 

report shall be posted for a minimum of 

10 calendar days at a conspicuous 

location within the camp car or cars 

affected for review by occupants. The 

report shall be maintained in the camp 

for the duration of the same connection. 

When the connection is terminated, the 

certification must be submitted 

promptly to a centralized location for 

the railroad and maintained for one year 

from the date the connection was 

terminated. 

(d) Signage. Any water outlet/faucet 

within the camp car facility that 

supplies water not from a potable source 

or that is from a potable source but 

supplied through a system that is not 

maintained as required in this section, 

the outlet/faucet must be labeled with a 

sign, visible to the user and bearing a 

message to the following effect: ‘‘The 

water is not suitable for human 

consumption. Do not drink the water.’’ 

§ 228.325 Food service in a camp car or 

separate kitchen or dining facility in a 

camp. 

(a) Sanitary storage. No food or 

beverage may be stored in a toilet room 

or in an area exposed to a toxic material. 

(b) Consumption of food or beverage 

on the premises. No occupant shall be 

allowed to consume a food or beverage 

in a toilet room or in any area exposed 

to a toxic material. 

(c) Kitchens, dining halls, and feeding 

facilities. (1) In each camp car where 

central dining operations are provided 

by the railroad or its contractor(s) or 

subcontractor(s), the food handling 

facilities shall be maintained in a clean 

and sanitary condition. See § 228.323, 

Potable water, generally. 

(i) All surfaces used for food 

preparation shall be disinfected after 

each use. 

(ii) The disinfection process shall 

include removal of chemical 

disinfectants that would adulterate 

foods prepared subsequent to 

disinfection. 

(2) All perishable food shall be stored 

either under refrigeration or in a freezer. 

Refrigeration and freezer facilities shall 

be provided with a means to monitor 

temperature to ensure proper 

temperatures are maintained. The 

temperature of refrigerators shall be 

maintained at 40 °F or below; the 

temperature of freezers shall be 

maintained at 0 °F or below at all times. 

(3) All non-perishable food shall be 

stored to prevent vermin and insect 

infestation. 

(4) All food waste disposal containers 

shall be constructed to prevent vermin 

and insect infestation. 

(i) All food waste disposal containers 

used within a camp car shall be emptied 

after each meal, or at least every four 

hours, whichever period is less. 

(ii) All food waste disposal containers 

used outside a camp car shall be located 

to prevent offensive odors from entering 

the sleeping quarters. 

(iii) All kitchen area camp car sinks 

used for food washing and preparation 

and all kitchen area floor drains shall be 

connected to a public sewer where 

available and practicable, unless the car 

is equipped with a holding tank that is 

emptied in a sanitary manner. For 

kitchen area sinks and floor drains 

identified in this paragraph (c)(4)(iii) 

connected to a holding tank, the tank 

must be constructed in a manner that 

prevents vermin from entry into the 

tank or odors from escaping into any 

camp car. 

(iv) The sewage disposal method must 

not endanger the health of occupants. 

(5) When a separate kitchen or dining 

hall car is provided, there must be a 

closeable door between the living or 

sleeping quarters into a kitchen or 

dining hall car. 

(d) Food handling. (1) All food service 

facilities and operations for occupants 

of a camp car by the railroad or its 

contractor(s) or subcontractor(s) shall be 

carried out in accordance with sound 

hygienic principles. In all places of 

employment where all or part of the 

food service is provided, the food 

dispensed must be wholesome, free 

from spoilage, and must be processed, 

prepared, handled, and stored in such a 

manner as to be protected against 

contamination. See § 228.323, Potable 

water, generally. 

(2) No person with any disease 

communicable through contact with 

food or a food preparation item may be 

employed or permitted to work in the 

preparation, cooking, serving, or other 

handling of food, foodstuffs, or a 

material used therein, in a kitchen or 

dining facility operated in or in 

connection with a camp car. 

(e) The limitations of paragraphs (c) 

and (d) of this section do not apply to 

food service from restaurants near the 

camp car consist that are subject to State 

law. 

§ 228.327 Waste collection and disposal. 

(a) General disposal requirements. All 

sweepings, solid or liquid wastes, 

refuse, and garbage in a camp must be 

removed in such a manner as to avoid 

creating a menace to health and as often 

as necessary or appropriate to maintain 

a sanitary condition. 

(b) General waste receptacles. Any 

exterior receptacle used for putrescible 

solid or liquid waste or refuse in a camp 

shall be so constructed that it does not 

leak and may be thoroughly cleaned and 

maintained in a sanitary condition. 

Such a receptacle must be equipped 

with a solid tight-fitting cover, unless it 

can be maintained in a sanitary 

condition without a cover. This 

requirement does not prohibit the use of 

receptacles designed to permit the 

maintenance of a sanitary condition 

without regard to the aforementioned 

requirements. 

(c) Food waste disposal containers 

provided for the interior of camp cars. 

An adequate number of receptacles 

constructed of smooth, corrosion 

resistant, easily cleanable, or disposable 

materials, must be provided and used 

for the disposal of waste food. 

Receptacles must be provided with a 

solid, tight-fitting cover unless sanitary 

conditions can be maintained without 

use of a cover. The number, size, and 

location of such receptacles must 

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67092 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations 

encourage their use and not result in 

overfilling. They must be emptied 

regularly and maintained in a clean, 

safe, and sanitary condition. 

§ 228.329 Housekeeping. 

(a) A camp car must be kept clean to 

the extent allowed by the nature of the 

work performed by the occupants of the 

camp car. 

(b) To facilitate cleaning, every floor, 

working place, and passageway must be 

kept free from protruding nails, 

splinters, loose boards, and unnecessary 

holes and openings. 

§ 228.331 First aid and life safety. 

(a) An adequate first aid kit must be 

maintained and made available for 

occupants of a camp car for the 

emergency treatment of an injured 

person. 

(b) The contents of the first aid kit 

shall be placed in a weatherproof 

container with individual sealed 

packages for each type of item, and shall 

be checked at least weekly when the 

camp car is occupied to ensure that the 

expended items are replaced. The first 

aid kit shall contain, at a minimum, the 

following: 

(1) Two small gauze pads (at least 4 

x 4 inches); 

(2) Two large gauze pads (at least 8 x 

10 inches); 

(3) Two adhesive bandages; 

(4) Two triangular bandages; 

(5) One package of gauge roller 

bandage that is at least 2 inches wide; 

(6) Wound cleaning agent, such as 

sealed moistened towelettes; 

(7) One pair of scissors; 

(8) One set of tweezers; 

(9) One roll of adhesive tape; 

(10) Two pairs of latex gloves; and 

(11) One resuscitation mask. 

(c) Each sleeping room shall be 

equipped with the following: 

(1) A functional portable Type ABC 

fire extinguisher; and 

(2) Either a functional smoke alarm 

and a carbon monoxide alarm, or a 

functional combined smoke-carbonmonoxide alarm. 

(d) Each camp car consist shall have 

an emergency preparedness plan 

prominently displayed so all occupants 

of the camp car consist can view it at 

their convenience. The plan shall 

address the following subjects for each 

location where the camp car consist is 

used to house railroad employees or 

MOW workers: 

(1) The means used to be aware of and 

notify all occupants of impending 

weather threats, including 

thunderstorms, tornados, hurricanes, 

floods, and other major weather-related 

risks; 

(2) Shelter-in-place and emergency 

and evacuation instructions for each of 

the specific threats identified; and 

(3) The address and telephone 

number of the nearest emergency 

medical facility and directions on how 

to get there from the camp car consist. 

§ 228.333 Remedial action. 

A railroad shall, within 24 hours after 

receiving a good faith notice from a 

camp car occupant or an employee labor 

organization representing camp car 

occupants or notice from a Federal 

Railroad Administration inspector, 

including a certified State inspector 

under part 212 of this chapter, of 

noncompliance with this subpart, 

correct each non-complying condition 

on the camp car or cease use of the 

camp car as sleeping quarters for each 

occupant. In the event that such a 

condition affects the safety or health of 

an occupant, such as, but not limited to, 

water, cooling, heating, or eating 

facilities, sanitation issues related to 

food storage, food handling or sewage 

disposal, vermin or pest infestation, or 

electrical hazards, the railroad must 

immediately upon notice provide 

alternative arrangements for housing 

and providing food to the employee or 

MOW worker until the condition 

adverse to the safety or health of the 

occupant(s) is corrected. 

§ 228.335 Electronic recordkeeping. 

(a) Each railroad shall keep records as 

required by § 228.323 either— 

(1) On paper forms provided by the 

railroad, or 

(2) By electronic means that conform 

with the requirements of subpart D of 

this part. 

(b) Records required to be kept shall 

be made available to the Federal 

Railroad Administration as provided by 

49 U.S.C. 20107. 

Appendix A to Part 228 [Amended] 

■ 14. The last paragraph of the 

discussion headed ‘‘Sleeping Quarters’’ 

in Appendix A to part 228 is removed. 

Appendix C to Part 228 [Removed and 

Reserved] 

■ 15. Appendix C to part 228 is removed 

and reserved. 

Issued in Washington, DC, on October 24, 

2011. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. 2011–27818 Filed 10–28–11; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100804324–1265–02] 

RIN 0648–BB47 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Biennial Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to biennial groundfish management 

measures; request for comments. 

SUMMARY: This final rule announces 

inseason changes to management 

measures in the commercial Pacific 

Coast groundfish fisheries. These 

actions, which are authorized by the 

Pacific Coast Groundfish Fishery 

Management Plan (FMP), are intended 

to allow fisheries to access more 

abundant groundfish stocks while 

protecting overfished and depleted 

stocks. 

DATES: Effective 0001 hours (local time) 

November 1, 2011. Comments on this 

final rule must be received no later than 

November 30, 2011. 

ADDRESSES: You may submit comments, 

identified by FDMS docket number 

NOAA–NMFS–2010–0194 by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http://www.

regulations.gov. 

• Fax: (206) 526–6736, Attn: Gretchen 

Hanshew. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–0070, Attn: 

Gretchen Hanshew. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http://www.

regulations.gov without change. All 

Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

mstockstill on DSK4VPTVN1PROD with RULES

Appendix D

Camp Car Rules

Compliance Audit Checklist

Appendix D 

Federal Railroad Administration

Camp Car Rules Compliance Audit Checklist

Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours of 

Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters

Notes and Instructions

Inspectors should use this checklist and its guidance to conduct inspections of camp cars. See the Camp Car Rules Compliance 

Manual for additional information. 

To fill out the checklist, check each box in the “Part 228” column after the section is completed. Check appropriate boxes in the 

“Criteria” and “Complies” columns to indicate a “Yes” or “No” answer to the listed questions. Use the “Notes” area at the bottom of 

each page for any comments. 

Note: Some regulation sections contain multiple requirements. Where these elements are not part of a separately identified 

subsection, the matching defect codes are identified by a decimal (e.g., for elements of 228.309(d), the sub-elements are identified by

228.309.D1 and 228.309.D2). In some cases, the elements are divided into separate blocks of the checklist.
2 

Notes:

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________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

Subpart A–General

§ 228.1(c) The added language clarifies that the rule covers camp cars occupied by 

maintenance-of-way (MOW) workers in addition to hours of service (HOS) 

employees. HOS employees who may make use of sleeping quarters 

generally are understood to mean engineers and conductors. 

 Interview the managers of the railroad or railroad contractor to determine 

if they understand that camp cars occupied by MOW workers are 

covered by these rules.

• Does the railroad provide camp cars to all classes of workers included in 

the Scope?

228.001.C–Failure to provide compliant 

camp cars to all classes of workers 

included in Scope.

§ 228.3(b) Certain types of railroads are exempted, if they meet these conditions:

• Does the railroad operate only within a facility?

• Is it a railroad that operates tourist, scenic, historic, or excursion 

operations?

• Is it a rapid transit operation NOT connected to the general railroad 

system?

Any None 228.003.B–Railroad, contractor for a 

railroad, or subcontractor for a railroad 

claims an improper exemption from 

compliance with camp car regulations. 

§ 228.5 No criteria to evaluate–definitions amended to add new ones.

Subpart C–Construction of Railroad-Provided Sleeping Quarters

§ 228.101 No criteria to evaluate–section caption change only.
3 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.102  Determine if switching or humping operations of placarded cars occurs 

within one-half mile of the camp car camp by observation. 

 Measure from the nearest rail of the nearest track from switching or 

humping operations are performed to the point on the site where the 

closest exterior wall of the closest camp car is located.

• Are camp cars far enough away from identified operations?

228.102–Failure to locate camp cars at a 

sufficient distance from switching or 

humping operations of placarded cars.

Subpart E–Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters

§ 228.303(a) No criteria to evaluate–evaluated under § 228.3(b).

§ 228.303(b) Contractors and subcontractors for railroads that provide camp cars for 

employee accommodations or services related to them are treated as if they 

are railroads with respect to compliance with this part.

• Do contractors or subcontractors for a railroad comply with Subpart E?

228.303.B–Failure of a contractor or 

subcontractor for a railroad to comply with 

Subpart E.

§ 228.305 Compliant camp cars must be provided as of December 30, 2011.

• Does the railroad provide a camp car for use as sleeping quarters by an 

employee or MOW worker that complies with all requirements of this 

subpart? 

 

228.305–Failure to provide compliant 

camp cars.

 This is the overall defect for both contractor and railroadsupplied camp cars. If criteria defined below do NOT meet 

requirements, this overall defect will be cited.
4 

Notes:

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________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.309(a) The exterior should not have any flaws, such as penetrations, fittings, 

windows and doors/frames damage, that compromise the structure’s ability to 

provide protection from the elements.

 Visually inspect each camp car to ensure that the building envelope is 

intact, and that there are no breaches to the camp car that will expose 

occupants to the elements.

 Document flaws by written description or photographs (car IDs and 

locations of flaws). 

• Is each camp car constructed in a manner that will provide protection 

against the elements?

228.309.A–Failure to maintain structural 

integrity of camp cars in such a way that 

occupants will be protected from the 

elements. 

§ 228.309(b)  Visually inspect each camp car’s floors.

• Are floors of smooth and tight construction and kept in good repair?

228.309.B–Failure to maintain smooth, 

tight construction of floors. 

§ 228.309(c)(1)  Measure and inspect the windows. 

• Is the surface area of all windows at least 10 percent of the overall floor 

dimensions? (Include windows in doors.) 

• Is at least one-half of each window designed to be opened for 

ventilation? 

• Do the windows have coverings that reduce light during sleeping hours?

All Any 228.309.C1–Failure to provide windows 

that meet the structural requirements.
5 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.309(c)(2) All exterior openings must be effectively screened with 16-mesh material and 

all screen doors equipped with self-closing devices.

• Are all exterior openings effectively screened with 16-mesh material? 

(16-mesh window screen is 16 wires by 16 wires per inch.) 

• Are all screen doors equipped with a self-closing device?

All Any 228.309.C2–Failure to provide adequate 

exterior opening protection.

§ 228.309(d) All steps, entryways, passageways, and corridors providing normal entry to 

or between camp cars must be constructed of durable weather-resistant 

material and properly maintained.

• Are any broken or unsafe fixtures or components in need of repair 

repaired or replaced promptly? 

• Are all walking surfaces constructed of durable weather-resistant 

material?

• Are all walking surfaces properly maintained?

All Any 228.309.D1–Failure to construct walking 

surfaces of durable weather-resistant 

material.

228.309.D2–Failure to maintain walking 

surfaces in good repair.

 

§ 228.309(e) At a minimum, a means of emergency egress must be located in at least two 

places in a camp car.

 Visually inspect each camp car for exits.

• Does each camp car provide at least two emergency exits? 

228.309.E–Failure to provide adequate 

means of egress in case of an emergency 

situation. 
6 

Notes:

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.309(f) Each habitable room in a camp car (including a toilet room) that is provided 

to an occupant must be provided with adequate lighting. 

• Is each exit pathway lighted with at least 1 footcandle?

• Is each toilet and shower room lighted with at least 10 footcandles?

• Are all other areas lighted with at least 30 footcandles?

All Any 228.309.F1–Failure to provide minimum 

of 1-foot candle in all exit pathways.

228.309.F2–Failure to provide a minimum 

of 10-foot candles in toilet and shower 

rooms. 

228.309.F3–Failure to provide a minimum 

of 30-foot candles, in other areas.

§ 228.309(g) A thermostat or other temperature control must be present in each camp car.

A minimum of 68° F and a maximum of 75° F must be maintained unless 

occupants prefer otherwise.

• Is the temperature set within the required or preferred range?

• If the device has a thermometer, does the temperature match the setting?

Any All 228.309.G–Failure to provide equipment 

for maintaining a temperature of at least 68 

degrees Fahrenheit (F.) during cold 

weather and no greater than 75 degrees F. 

during hot weather.

§ 228.309(h)  Interview the occupants to determine if they are disturbed by noise 

during sleeping periods.

 If occupants have noise complaints, perform noise measurements to 

determine if the Leq(8) value exceeds 55 dB(A) for any 480-minute 

period during which the facility is occupied.

 Determine if noise sources are from passing trains, camp car generator 

sets, or other noise sources under the railroad’s control.

• Has camp car management conducted any noise measurements and do 

the levels comply?

• If FRA does measurements, are the findings within the limit?

228.309.H–Failure to control noise from 

noise sources attributable to the railroad. 
7 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.311(a)  Perform prescribed measurements. For floor space per occupant,

measure the overall outer dimension of the car (length by width (LxW)) 

and divide by 4.

• Does each camp car contain at least 80 square feet of floor space for each 

occupant, with a maximum of four occupants per car? 

• Does each camp car have at least a 7-foot ceiling, measured at the 

entrance to the car?

All Any 228.311.A1–Failure to provide at least 80 

square feet of floor space for each 

occupant, when used for sleeping 

purposes, with a maximum of four 

occupants per car. 

228.311.A2–Failure to provide at least a 

7-foot ceiling.

§ 228.311(b) Beds must have lateral spacing of at least:

○ 36 inches for nonpartitioned occupancy, or

○ 30 inches for rail-mounted modular units, or

○ 26 inches for highway trailer units, and 

○ At least 30 inches end to end, and 

○ At least 12 inches from the floor.

• Are the beds, cots, or bunks in the car spaced properly?

• Are there lockable wall or foot lockers available?

All Any 228.311.B–Failure to provide a properly 

spaced bed, cot, or bunk, or lockable 

storage.

§ 228.311(c)  Determine if the collective bargaining agreement (CBA) addresses 

provision of clean linens. 

• Are clean linens provided for each occupant per the CBA?

• If no CBA applies, are clean linens provided for each occupant?

Any Any 228.311.C–Failure to provide clean linens 

to each occupant.
8 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.311(d) In a camp car where occupants live, sleep, and cook and store food, a 

minimum of 120 square feet of floor space per occupant must be provided. 

 For floor space per occupant, measure the overall outer dimension of the 

car (LxW) and divide by the number of occupants.

For any camp cars used for both sleeping and living quarters and for storing 

and preparing food:

• Is sufficient floor space provided?

• Is the food storage and preparation area clean and sanitary?

All Any 228.311.D1–Failure to provide 120 square 

feet of floor space per occupant when used 

for cooking, living, and sleeping purposes. 

228.311.D2–Failure to provide sanitary 

facilities for storing and preparing food.

§ 228.313(a) The railroad must identify the industry-recognized electrical standard used 

for electrical system installations, including those for heating, cooking, 

ventilation, air-conditioning, and water heating equipment. 

• Did the railroad identify and provide a copy of the standard?

• Was equipment installed in conformance with the standard?

• Was installed equipment listed or approved by one of the listing 

agencies?

All Any 228.313.A1–Failure to provide a copy of 

the industry-recognized standard upon 

request by the FRA.

228.313.A2–Failure to install equipment 

according to an industry-recognized

standard.

228.313.A3–Failure to install approved 

equipment.

§ 228.313(b)  Using a circuit tester, check a random selection of interior and exterior 

duplex outlets to determine if they all have proper polarity and 

grounding.

• Is the electrical system wired properly?

228.313.B–Failure to have properly wired 

electrical system according to an industryrecognized standard and/or failure to 

provide a copy of the standard upon 

request by the FRA. 
9 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.313(c) Each occupied camp car must be equipped with or serviced by a safe and 

working heating, ventilation, and air-conditioning (HVAC) system. 

• Is the camp car equipped with or serviced by a working HVAC system 

as required?

• Is the system labeled with one of the testing laboratory approval labels as 

in § 228.313(a)?

All Any 228.313.C–Failure to equip each camp car 

with a safe and working HVAC system.

§ 228.315  Inspect the exterior of the camp cars for entry points for rodents or other 

vermin. Any holes, cracks, or gaps of one-quarter inch in size or larger 

are sufficient for rodents to enter. 

 Inspect the interior of the camp cars for evidence of insects or harborage 

for rodents. 

• Is each camp car constructed, equipped, and maintained to prevent the 

entrance or harborage of rodents, insects, or other vermin?

• If there is evidence of infestation, has the railroad instituted a continuing 

and effective extermination program?

All Any 228.315.A1–Failure to construct, equip, 

and maintain camp cars to prevent the 

entrance or harborage of rodents, insects, 

or other vermin. 

228.315.A2–Failure to institute a 

continuing and effective extermination 

program.

§ 228.317(a) • Does each camp car have the proper number of toilets?

(one toilet per each two occupants)

228.317.A–Failure to equip each camp car 

with proper number of toilets.

§ 228.317(b) Each toilet room must occupy a separate compartment with a door that 

latches and has walls or partitions between fixtures to ensure privacy.

• Do toilet rooms comply?

228.317.B–Failure to provide a properly 

constructed toilet room. 
10 

Notes:

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________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.317(c)(1) An adequate supply of toilet paper must be provided in each toilet room or to 

occupants individually.

• Is toilet paper provided as required?

228.317.C1–Failure to provide an adequate 

supply of toilet paper in each toilet room.

§ 228.317(c)(2) Each toilet must be kept in a clean and sanitary condition and cleaned 

regularly when the camp car is being used. 

In the case of a non-water carriage toilet facility, it must be cleaned and 

changed regularly when the camp car is being used.

• Is each toilet in a clean and sanitary condition?

• Is each toilet cleaned regularly when the camp car is being used?

• Are non-water carriage toilets cleaned and changed regularly when the 

camp car is being used?

All Any 228.317.C2–Failure to maintain toilet(s) in 

clean and sanitary condition when camp 

car is being used.

§ 228.317(d)(1) All sanitary sewer lines and floor drains from a camp car toilet facility must 

be connected to a public sewer where available and practical or to a holding 

tank that is emptied in a sanitary manner. 

• Where there is an available sanitary sewer in close proximity to the camp 

car and there is a practical means of making a connection, are the 

sanitary and floor drains connected? 

If not:

• Are the holding tanks used for disposal of toilet waste and grey water 

emptied in a sanitary manner?

OR OR

228.317.D1i–Failure to connect all 

sanitary sewer lines and floor drains to a 

public sewer or holding tank. 

OR

228.317.D1ii–Failure to empty holding 

tanks in a sanitary manner.
11 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.317(d)(2) The sewage disposal method must not endanger the health of occupants.

 If a sanitary sewer connection is used, inspect connections and lines 

leading to it for integrity. Make note of or photograph any leaks.

 If holding tanks are used, inspect lines and connections to each tank for 

leaks. 

• Does the sewage disposal method prevent the escape of sewage that 

could endanger the health of occupants?

228.317.D2–Failure to provide a sewage 

disposal method which protects the health 

of the occupants.

§ 228.317(d)(3) If tanks are used for sewage disposal, all tanks and connections must be 

constructed in a manner that prevents vermin from entry and odors from 

escaping into the camp car.

• Are tanks and connections constructed in a manner that prevents vermin 

from entry and odors from escaping into the camp car?

228.317.D3–Failure to connect toilet 

facilities to a holding tank in a manner that 

prevents vermin from entry and odors from 

escaping into the camp car. 

§ 228.319(a) Each camp car used for sleeping must contain at least one functioning 

lavatory for each two occupants. (“Lavatory” means sink, not toilet).

• Are sufficient lavatories provided?

228.319.A–Failure to provide proper 

number of functioning lavatories.

§ 228.319(b) Each lavatory must be provided with hot and cold running water. 

 Hand-test the water temperature in a random number of lavatories.

• Does each lavatory provide hot and cold running water?

228.319.B–Failure to provide hot and cold 

running potable water in lavatory. 
12 

Notes:

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.319(c)  Determine if the CBA addresses provision of hand soap.

• Is hand soap provided per the CBA?

• If no CBA applies, is hand soap provided?

OR OR

228.319.C–Failure to provide hand soap.

§ 228.319(d)  Determine if the CBA addresses the provision of a means of hand 

drying. 

• Is hand drying provided for each lavatory per the CBA?

• If no CBA applies, is hand drying provided for each lavatory?

OR OR

228.319.D–Failure to provide means of 

drying.

§ 228.321(a) Each camp car used for sleeping must contain at least one functioning shower 

for each two occupants.

• Are sufficient showers provided?

228.321.A–Failure to equip each camp car 

with proper number of showers.

§ 228.321(b) Shower floors must be constructed of nonslippery materials, with floor drains 

designed to remove waste water and facilitate cleaning, with all junctions of 

the curbing and the floor sealed, and with no fixed grate or other instrument 

on the shower floor significantly hindering the cleaning of the shower floor or 

drain.

• Are shower floors nonslip?

• Are shower floor drains present?

• Are shower curbing and floor junctions properly sealed?

• Are shower floors and drains constructed to permit cleaning (with no 

fixed grates to interfere with cleaning)?

All Any 228.321.B1–Failure to construct shower 

floors with non-slippery materials.

228.321.B2–Failure to provide floor drains

in each shower facility. 

228.321.B3–Failure to seal the junctions of 

the curbing in each shower facility. 

228.321.B4–Failure to provide for 

adequate cleaning of the shower floor or 

drain.

 
13 

Notes:

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.321(c) The walls and partitions of each shower room must be smooth and 

impervious to the height of splash. ("The height of splash" is generally 

72 inches above the shower floor or 3 inches above the shower head, 

whichever is higher.)

• Are the walls and partitions of each shower room properly constructed to 

the correct height?

228.321.C–Failure to provide smooth and 

impervious walls and partitions in each 

shower to the height of the splash.

§ 228.321(d) An adequate supply of hot and cold running potable water must be provided 

for showering purposes. 

 Hand-test the water temperature in a random number of showers.

• Is each shower provided with hot and cold running water? 

(The evaluation of the supply system and potability of the water must be 

determined by evaluation of compliance with § 228.323).

228.321.D–Failure to provide hot and cold 

running potable water for showering 

purposes. 

§ 228.321(e)(1) & (3)  Determine if the CBA addresses provision of cleansing agents and clean 

towels.

 Inspect each camp car lavatory and speak with occupants to determine if 

they have adequate supplies of cleansing agents and towels.

• Is each shower provided with cleansing agents and clean towels per the 

CBA?

• If no CBA applies, is each shower provided with cleansing agents and 

clean towels?

• Are they convenient to the showers?

OR

AND

OR

AND

228.321.E1–Failure to provide appropriate 

cleansing agent.

228.321.E3–Failure to provide each 

occupant with a clean towel. 
14 

Notes:

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.321(e)(2) • Are showers provided with hot and cold water feeding a common 

discharge line? (This means a shower head connected to a fixture that 

mixes hot and cold water.) 

228.321.E2–Failure to provide hot and 

cold water feeding a common discharge 

line.

§ 228.323(a)(1) A complete evaluation of the rest of the § 228.323 elements must be done to 

answer this question.

• Is potable water adequately and conveniently provided to all occupants 

of a camp car for drinking, personal oral hygiene, washing of person, 

cooking, washing of food, washing of cooking or eating utensils, and 

washing of premises for food preparation or processing?

228.323.A1–Failure to provide potable 

water in each camp car.

§ 228.323(a)(2) Open containers such as barrels, pails, or tanks for drinking water from which 

the water must be dipped or poured, whether or not they are fitted with a 

cover, must be prohibited.

 Determine by observation and interviews if any open containers are 

used.

• Are all containers used for providing potable drinking water in the camp 

cars constructed in a manner to prevent contamination and not open for 

common access such as barrels, pails, or open topped tanks?

228.323.A2–Failure to provide potable 

water in appropriate containers.

§ 228.323(a)(3) Common drinking cups or other common utensils must not be used by the 

occupants.

 Determine if any common drinking utensils are used by observation and 

interviews.

• Are all drinking cups or other utensils being used by the occupants for 

consumption of potable water individually issued, disposable, or cleaned 

between uses?

228.323.A3–Failure to provide individual 

drinking cups or utensils for use with 

potable water.
15 

Notes:

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.323(b)(1) Potable water provided in bottled form must be stored in a manner 

recommended by the supplier to prevent contamination in storage. 

Bottled water must not be provided as a substitute for the hot and cold 

running potable water in lavatories, showers, and sinks.

Bottled water must be labeled to identify the packager and the source of the 

water.

• Is bottled water provided?

• Is bottled water stored in a manner recommended by the supplier? 

• Hot and cold running potable water in lavatories, showers, and sinks is 

not replaced by bottled water?

• Do the bottles or caps contain a label identifying the packager and the 

source of the water?

All

If yes

Any 228.323.Bi–Failure to store provided 

bottled water according to the suppliers 

restrictions.

228.323.Bii–Bottled water is provided as a 

substitute for the hot and cold running 

potable water in lavatories, showers, and 

sinks.

228.323.Biii–Bottled water is not properly 

labeled.

§ 228.323(b)(2) Drinking water from a local water system source must meet drinking water 

standards established by the Environmental Protection Agency (EPA) under 

40 CFR Part 141, National Primary Drinking Water Regulations.

• Does the source comply?

228.323.B2–Failure to provide potable 

water that meets the drinking water 

standards established by the U.S. 

Environmental Protection Agency under 

40 CFR Part 141, National Primary 

Drinking Water Regulations.

Note: The following evaluation element is moved forward since it defines the source certification requirements and the alternative for providing a source certified by the EPA 

for potable water.
16 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.323(b)(6) Each different local source of potable water must be certified as meeting the 

water quality prescribed by EPA at 40 CFR Part 141. This can be done 

either by obtaining a certificate from a State or local health authority 

responsible for the source or by having the water tested and certified by an 

EPA-certified laboratory. 

The certification for the current source must be kept with the camp for the 

duration of the connection. 

When the connection is terminated, a copy of each of these records must be 

submitted promptly to a centralized railroad location and maintained for 

1 year from the date the termination occurred.

• Does the railroad have a certificate for the current potable water 

connection or source?

• Is the current certification available in the camp? 

• After connection termination, is a copy submitted promptly to a 

centralized location for the railroad? 

• Is a copy of each of these records maintained for 1 year from the date the 

connection was terminated?

All Any 228.323.B6i–Failure to obtain certificate 

from the state or local health department. 

228.323.B6ii–Failure to maintain a signed 

and dated record within the camp for the 

duration of the connection. 

228.323.B6iii–Failure to submit the record 

to a centralized location upon termination 

of the connection.

Return to sequence.

§ 228.323(b)(3) All equipment and construction used for supplying potable water to a camp 

car water system (e.g., a hose, nozzle, or backflow prevention) must be 

approved by the Food and Drug Administration.

• Do the system components comply?

228.323.B3–Failure to use systems and 

equipment that is approved by the Food 

and Drug Administration.
17 

Notes:

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________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.323(b)(4) Each potable water hydrant, hose, or nozzle must be inspected before use. 

Each hose or nozzle must be cleaned and sanitized as part of an inspection. 

Signed, dated inspection records must be kept in the camp for the period of 

the connection. 

When terminated, a copy of these records must be submitted promptly to a 

centralized railroad location and maintained for 1 year from the date of 

termination.

• Have all water hydrants, hoses, or nozzles used for supplying potable 

water to the camp car water system been inspected before use?

• Were all hoses or nozzles cleaned and sanitized as part of the inspection?

• Are records of these inspections available?

• Are the records signed and dated and up to date for the current 

connection?

• Have copies of each of these records been submitted promptly to a 

centralized location for the railroad after the connection was terminated?

• Are copies of each of these records maintained for 1 year from the date 

the connections were terminated?

All Any 228.323.B4i–Failure to inspect hydrants, 

hoses, or nozzles prior to use. 

228.323.B4ii–Failure to ensure equipment 

is clean and sanitary during inspection. 

228.323.B4iii–Failure to maintain a 

current signed and dated record of 

inspection. 

228.323.B4iv–Failure to submit copies of 

these connection records to a centralized 

location for the railroad.

228.323.B4v–Failure to maintain records 

for one year after termination of the 

connections.
18 

Notes:

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________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.323(b)(5)

• Has each individual who is permitted to fill the potable water system 

been trained? 

Does the training cover:

• The approved method of inspecting, cleaning, and sanitizing hydrants, 

hoses, and nozzles used for filling potable water systems?

• The approved procedures to prevent contamination during watering?

• The correct method for mixing sanitizing solution?

All Any 228.323.B5–Failure to provide adequate 

training for those individuals who fill the 

potable water system.

§ 228.323(c)(1)

• Is potable water stored in sanitary containers that prevent external 

contaminants from entering the potable water supply?

• Are any relief valves, air inlets, or vents fitted with filters?

All Any 228.323.C1–Failure to store potable water 

in sanitary containers that are properly 

protected.

§ 228.323(c)(2)

• Are potable drinking water dispensers designed, constructed, and 

serviced so that sanitary conditions are maintained?

• Are dispensers capable of being closed, and equipped with a tap?

All Any 228.323.C2–Failure to maintain potable 

water dispensers in a sanitary and operable 

state.

§ 228.323(c)(3) • Are distribution lines capable of supplying water at sufficient operating 

pressures to all taps for normal simultaneous operation?

228.323.C3–Failure to ensure that 

distribution system can supply water at 

sufficient operating pressures.
19 

Notes:

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________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.323(c)(4)

• Is each potable water system drained and flushed with a disinfecting 

solution at least once every 120 days? 

• Are records of the last two drain-and-flush cycles maintained?

• Do the records contain the date of the work and the name(s) of the 

individual(s) performing the work?

• Is the original record maintained with the camp?

• Are copies of each of these records sent to a centralized location for the 

railroad and maintained for 1 year?

All Any 228.323.C4a1–Failure to drain and flush 

potable water system at least once every 

120 days. 

228.323.C4a2–Failure to maintain records 

with the required information.

228.323.C4a3–Failure to maintain records 

at the camp as required.

228.323.C4a4–Failure to transmit records 

to a centralized location.

228.323.C4a5–Failure to maintain records 

at the centralized location.

§ 228.323(c)(4)(i)–(iii)

 

The solution used for flushing and disinfection must be a 100 parts per 

million by volume (ppmv) chlorine solution. 

• Is a copy of the flushing procedure available?

• Is the solution used for flushing and disinfection at least 100 ppmv? 

• Is the solution held for 1 hour in all parts of the system? 

• Is chlorine purged from the system by complete refilling and draining 

with fresh potable water?

228.323.C4i–Failure to use a flushing and 

disinfection solution of the proper 

concentration.

228.323.C4ii–Failure to hold chlorine 

solution for one hour to ensure 

disinfection.

228.323.C4iii–Failure to purge the system 

adequately.
20 

Notes:

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________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.323(c)(4)(iv) The draining and flushing must be done more frequently if an occupant 

reports a taste or health problem associated with the water, or following any 

plumbing repair.

 Review the procedures to see how the reports of taste or health are 

addressed.

 Ask the person(s) responsible for maintaining the potable water system 

how often a flush is done for one of these reasons.

 Ask the person(s) responsible how long after the reports is the flush 

procedure initiated.

• Is the system drained and flushed promptly after health or taste problem 

reports or after repairs?

228.323.C4iv–Failure to perform draining 

and flushing associated with problem 

reports.

§ 228.323(c)(5) Water samples must be sent to a laboratory for testing for bacteria following 

reports of a taste or health problem.

• Have a sufficient number of samples (from each tap or dispensing 

location on the system) been collected?

If a single sample fails a heterotrophic plate count, the railroad must drain 

and flush the system within 2 days, and then return it to service.

• Was the draining and flushing done?

• Was it done within the 2-day timeframe of receipt of the lab results?

All Any 228.323.C5i–Failure to perform potable 

water sampling and system remediation as 

required, if a sample fails a heterotrophic 

plate count. 
21 

Notes:

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.323(c)(5) If a single sample fails a total coliform test, the railroad must drain and flush 

the system, resample the system, and return it to service only if the lab 

outcome is negative for coliform tests.

• Was the draining and flushing done?

• Was the re-sampling for lab testing done?

• Was the system returned to service only after draining and flushing was 

completed?

All Any 228.323.C5ii–Failure to perform potable 

water sampling and system remediation as 

required, if a sample fails a total coliform 

test. 

§ 228.323(c)(5) If a single sample fails a fecal coliform test, the railroad must drain and flush 

the system, resample the system, and return it to service only if the lab 

outcome is negative for coliform tests.

• Was the draining and flushing done?

• Was the resampling and lab testing done?

• Was the system returned to service only after receipt of a negative lab 

result?

All Any 228.323.C5iii–Failure to perform potable 

water sampling and system remediation as 

required, if a sample fails a fecal coliform 

test. 
22 

Notes:

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.323(c)(6) All laboratory reports pertaining to the water system of the camp car must be 

maintained with the camp car while connected to the same water source. 

• Has any laboratory testing been done for the current connection?

Yes No

If Yes, answer the following; if No, go to 228.323(d).

• Have all reports of such tests been posted for the required time?

• Have they been posted within 15 days of receipt?

• Have they been posted for at least 10 days?

• Have they been sent to the centralized location after the connection was 

terminated?

• Have they been maintained for 1 year?

All Any 228.323.C6–Failure to perform the record 

keeping and reporting procedures as 

required.
23 

Notes:

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________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.323(d) If any water outlet or faucet within the camp car facility supplies water not 

from a potable source, or from a potable source but supplied through a 

system that is not maintained as required, the outlet or faucet must be labeled 

with a sign, visible to the user and with a message to the following effect: 

“The water is not suitable for human consumption. Do not drink the water.” 

• Are any water outlets or faucets within the camp car facility connected 

to a nonpotable source?

Yes No

• Is potable water supplied through a system that is not maintained as 

required in this section?

Yes No

If both are No, go to 228.325; if either is Yes, answer the following: 

• Are water outlets or faucets that dispense nonpotable water or systems 

properly labeled as required?

228.323.D–Failure to identify non-potable 

water outlets with required signs.

§ 228.325(a)–(b) No food or beverage may be stored in a toilet room or in an area exposed to a 

toxic material.

No occupant may be allowed to consume a food or beverage in a toilet room 

or in any area exposed to a toxic material.

• Is the storage of food or beverage in a toilet room or in an area exposed 

to a toxic material clearly prohibited?

• Is the consumption of food or beverage in a toilet room or in an area 

exposed to a toxic material clearly prohibited?

All Any 228.325.A–Failure to maintain sanitary 

conditions for food storage. Food and/or 

beverage stored in a toilet room or area 

exposed to toxic material.

228.325.B–Failure to maintain sanitary 

conditions for food consumption. Food 

and/or beverage consumed in a toilet room 

or area exposed to toxic material. 
24 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.325(c)(1)(i)–(ii) • Does the railroad or its contractor(s) or subcontractor(s) provide central 

dining operations in camp cars?

Yes No

If Yes, answer the following; if No, go to 228.329(a).

• Are the food handling facilities maintained in a clean and sanitary 

condition?

• Are all food preparation surfaces disinfected after each use?

• Are the disinfectants removed to prevent food adulteration?

All Any 228.325.C1–Failure to maintain clean and 

sanitary conditions in food handling 

facilities. 

228.325.C1i–Failure to disinfect food 

preparation surfaces after each use.

228.325.C1ii–Failure to remove chemical 

disinfectants.

§ 228.325(c)(2) All perishable food must be stored either under refrigeration or in a freezer.

• Is all perishable food stored either under refrigeration or in a freezer?

• Do the refrigerators and/or freezers have temperature gauges?

• Are refrigerators maintained at 40° F or below?

• Are the freezers maintained at 0° F or below?

All Any 228.325.C2–Failure to maintain food 

temperatures within the ranges specified.

§ 228.325(c)(3) All nonperishable food items must be stored to prevent vermin and insect 

infestation.

• Are storage locations and cabinets free of holes, gaps, or other openings 

that would permit the entry of mice or bugs in the storage locations?

• Are storage locations and cabinets free of evidence of infestation such as 

live or dead bugs, insect eggs, or mouse droppings?

All Any 228.325.C3–Failure to store nonperishable food items to prevent vermin 

and insect infestation.
25 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.325(c)(4)-(i)–(ii) All food waste disposal containers must be constructed to prevent vermin and 

insect infestation. 

All food waste disposal containers used within a camp car must be emptied 

after each meal, or at least every 4 hours, whichever is less.

All food waste disposal containers used outside a camp car must be located 

to prevent offensive odors from entering the sleeping quarters. 

• Are all food waste disposal containers intact and fitted with covers to 

prevent infestation? 

• Are the containers emptied within the required timeframes? 

• Are any outside containers located to prevent offensive odors from 

entering the sleeper camp cars?

228.325.C4–Failure to utilize properly 

constructed food waste containers.

228.325.C4i–Failure to empty food waste 

containers as required.

228.325.C4ii–Failure to locate food waste 

containers appropriately.

§ 228.325(c)(4)(iii)–(iv) • Are the kitchen sinks and floor drains connected to a public sewer?

Yes No

If Yes: 

• Does the connection prevent release of any sewage? 

If No:

• Are the kitchen sinks and floor drains connected to a holding tank?

Yes No

If Yes, answer the following; if No, go to 228.325(c)(5).

• Is the holding tank emptied in a sanitary manner?

OR OR

228.325.C4iii–Failure to connect sinks and 

drains to a public sewer if available, or a 

holding tank that is emptied into a sanitary 

sewer.

228.325.C4iv–Failure to maintain a 

sewage disposal method that does not 

endanger the health of occupants.
26 

Notes:

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________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.325(c)(5) • Do any of the camp cars have a kitchen or dining hall in the same car as 

living or sleeping quarters?

Yes No

If Yes, answer the following; if No, go to 228.325(d).

• Is there a closeable door between the living or sleeping quarters and the 

kitchen or dining hall?

228.325.C5–Failure to maintain a 

closeable door between the living or 

sleeping quarters into a kitchen or dining 

hall car.

§ 228.325(d)(1) All food service facilities and operations must be carried out according to

sound hygienic principles. 

• Is the food free from spoilage? 

• Is the food processed, prepared, handled, and stored protected against 

contamination?

228.325.D1–Failure to carry out food 

service operations with sound hygienic 

principles.

This defect code will be used if any of 

§ 228.325(a) through § 228.325(c), as well 

as § 228.325(d)(2), are identified as being 

noncompliant.

§ 228.325(d)(2) No person with any disease communicable through contact with food or a 

food preparation item may be employed or permitted to work in the 

preparation, cooking, serving, or other handling of food, foodstuffs, or 

materials used in a kitchen or dining facility operated in or in connection 

with a camp car.

This area is potentially very sensitive, so be discreet and do not reveal 

findings to anyone in the camp. Consult with the Office of Chief 

Counsel and Medical Director before issuing a defect finding.

Do not use this checklist to document compliance.

228.325.D2–Failure to ensure no person 

with a communicable disease works in the 

food service or dining facility operated in, 

or in connection with, a camp car.
27 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.327(a) All sweepings, solid or liquid wastes, refuse, and garbage in a camp must be 

removed in such a manner as to avoid creating a menace to health and as 

often as necessary or appropriate to maintain a sanitary condition.

• Are waste and garbage being removed in a timely manner?

• Is there a schedule or minimum timeframe established by the camp to 

remove waste?

• Is the schedule being followed?

228.327.A–Failure to remove all 

sweepings, solid or liquid wastes, refuse, 

and garbage in such a manner to maintain 

sanitary conditions.

§ 228.327(b) Exterior waste receptacles must be constructed so they do not leak and may 

be thoroughly cleaned and maintained in a sanitary condition. 

• Are waste receptacles equipped with a solid tight-fitting cover?

OR 

• Can waste receptacles be maintained in a sanitary condition without a 

cover?

• Are damaged or leaking containers repaired or replaced as necessary?

OR

AND

OR

AND

228.327.B–Failure to construct and 

maintain exterior receptacles used for 

putrescible solids and liquids as required 

by this part.
28 

Notes:

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________________________________________________________________________________________________________

________________________________________________________________________________________________________

Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.327(c) • Are there an adequate number of food waste disposal containers present?

• Are the containers constructed of smooth, corrosion-resistant, easily 

cleanable, or disposable materials?

• If used, are paper containers removed to outside storage more 

frequently–for example, after each meal period?

• Are all containers that are not disposable fitted with proper covers? 

• Are the number, size, and location of such receptacles adequate for the 

intended use and the population served?

• Are they emptied regularly?

• Are they maintained in a clean, safe, and sanitary condition?

228.327.C–Failure to provide an adequate 

number of clean, safe, and sanitary waste 

receptacles equipped with a solid, tightfitting cover within each camp car.

§ 228.329(a) • Is each camp car kept clean to the extent allowed by the nature of the 

work performed by the occupants of the camp car?

• Do occupants have tools and supplies to keep their spaces clean?

228.329.A–Failure to maintain camp car in 

clean condition to the extent allowed by 

the work performed.

§ 228.329(b) To facilitate cleaning, every floor, working place, and passageway must be 

kept free from protruding nails, splinters, loose boards, and unnecessary 

holes and openings.

• Are walking surfaces and walls in good shape and free of prohibited

flaws?

228.329.B–Failure to maintain floor, 

working space, and passageway free from 

protruding nails, splinters, loose boards, 

and unnecessary holes and openings.
29 

Notes:

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________________________________________________________________________________________________________

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.331(a)–(b) An adequate first aid kit must be maintained and made available for 

occupants of a camp car for the emergency treatment of an injured person.

• Does each camp car have a first aid kit?

• Is the kit in a weatherproof container?

• Does each kit have individual sealed packages for each type of item 

required?

• Does the kit contain the number of the items required? 

• Are the kits checked at least weekly when the camp car is occupied to 

ensure that the expended items are replaced?

All Any 228.331.A–Failure to maintain an adequate 

first aid kit as required.

228.331.B–Failure to maintain an adequate 

first aid kit placed in a weatherproof 

container with individual sealed packages 

for each item, and checked at least weekly. 

Failure to maintain an adequate number of 

the first aid items required by this part. 

§ 228.331(c) • Are all sleeping rooms equipped with a Type ABC fire extinguisher?

• Are all sleeping rooms equipped with a functional smoke alarm and 

carbon monoxide (CO) alarm or with a combined smoke/CO alarm?

228.331.C1–Failure to equip each sleeping 

room with a functional portable Type ABC 

fire extinguisher.

228.331.C2–Failure to equip each sleeping 

room with a functional smoke/CO alarm.

§ 228.331(d) • Does the camp car consist have an emergency preparedness plan?

• Is it displayed in a location where all occupants of the camp car consist 

can view it at their convenience?

• Does the plan contain information that addresses each of the emergency 

situations required?

228.331.D.1–Failure to display an 

emergency preparedness plan in each 

camp car consist. 

228.331.D.2–Failure of the emergency 

preparedness plan to adequately address 

the subjects required.
30 

Notes:

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Camp Car Rules Compliance Audit Checklist for Title 49 Code of Federal Regulations Part 228–Hours 

of Service of Railroad Employees; Recordkeeping and Reporting; Sleeping Quarters Complies

Date:

Carrier:

49 CFR Part 228 Done Criteria Yes No Defect Codes 

§ 228.333 • Has the railroad received any good faith notices of noncompliance?

Yes No

If Yes, answer the following; if No, go to 228.335(a).

• Has the railroad promptly responded to good faith notices of 

noncompliance as required?

• Were the identified conditions corrected within 24 hours of the notice?

OR 

• Was the car taken out of service within 24 hours of the notice? 

• Was the condition such that it required the provision of alternative 

arrangements?

Yes No

If Yes, answer the following; if No, go to 228.335(a).

• Were the occupants provided alternative arrangements?

OR OR

228.333.A1–Failure to take remedial 

action to correct non-complying conditions 

within the required time frame.

228.333.A2–Failure to provide alternative 

accommodations or food service while 

remedial actions are completed.

§ 228.335(a) Does the railroad keep the records as required by § 228.323:

• On paper forms provided by the railroad?

OR 

• By electronic means that conform with the requirements of Subpart D of 

this part?

OR OR

228.335.A–Failure to keep records as 

required either on paper forms or by 

electronic means that conform with the 

requirements of Subpart D of this part.

§ 228.335(b) • Are records made available to FRA as required?

• Are the required local records kept or displayed in the camp?

228.335.B–Failure to make required 

records available to the Federal Railroad 

Administration as required.