demonstrated for the trainset through an evaluation of a dynamic
collision scenario in which a moving trainset impacts a proxy object
under the following conditions:
    (1) The initially-moving trainset is made up of the equipment
undergoing evaluation at its AW0 ready-to-run weight.
    (2) The scenario shall be evaluated on tangent, level track.
    (3) The trainset shall have an initial velocity of 32 km/h (20 mph)
and shall not be braked.
    (4) The proxy object shall have the following characteristics:
    (i) The object shall be a solid circular cylinder that weighs 6350
kg (14,000 pounds);
    (ii) The object shall have a width of 914 mm (36 inches) and a
diameter of 1219 mm (48 inches);
    (iii) The axis of the cylinder shall be perpendicular to the
direction of trainset motion and parallel to the ground; and
    (iv) The center of the object shall be located 762 mm (30 inches)
above the top of the underframe.
    (5) Two collision configurations shall be evaluated.
    (i) The center of the object shall be located 483 mm (19 inches)
from the longitudinal centerline of the trainset; and
    (ii) The center of the object shall be aligned with the side of the
cab car at the point of maximum width.
    (6) The model used to demonstrate compliance with the dynamic
collision requirements must be validated. Model validation shall be
demonstrated and submitted to FRA for review and approval.
    (7) As a result of the impact described in paragraphs (c)(5)(i) and
(ii) of this section--
    (i) One of the following two conditions must be met for the
occupied volume:

    (A) There shall be no more than 254 mm (10 inches) of longitudinal
permanent deformation; or
    (B) Global vehicle shortening shall not exceed 1 percent over any
4.6 m (15-feet) length of occupied volume.
    (ii) Compliance with each of the following conditions shall also be
demonstrated for the cab after the impact:
    (A) Each seat provided for an employee regularly assigned to occupy
the cab, and any floor-mounted seat in the cab, shall maintain a
survival space where there is no intrusion for a minimum of 305 mm (12
inches) from each edge of the seat. Walls or other items originally
within this defined space shall not further intrude more than 38 mm
(1.5 inches) towards the seat under evaluation.
    (B) There shall be a clear exit path for the occupants of the cab;
    (C) The vertical height of the cab (floor to ceiling) shall not be
reduced by more than 20 percent; and
    (D) The operating console shall not have moved closer to the
driver's seat by more than 51 mm (2 inches).
    (d) Equipment override. (1) Using the dynamic collision scenarios
described in paragraph (c) of this section, and with all units in the
trainset positioned at their nominal running heights, the anti-climbing
performance shall be evaluated for each of the following sets of
initial conditions:
    (2) For the initial conditions specified in paragraphs (c)(1)
through (3) of this section, compliance with the following conditions
shall be demonstrated after a dynamic impact:
    (i) The relative difference in elevation between the underframes of
the connected equipment shall not change by more than 102 mm (4
inches); and
    (ii) The tread of any wheel of the trainset shall not rise above
the top of rail by more than 102 mm (4 inches).
    (e) Roof and side structure integrity. To demonstrate roof and side
structure integrity, each passenger car shall comply with the
following:
    (1) Rollover strength. (i) Each passenger car shall be designed to
rest on its side and be uniformly supported at the top and bottom cords
of the vehicle side. The allowable stress in the structural members of
the occupied volumes for this condition shall be one-half yield or one-
half the critical buckling stress, whichever is less. Local yielding to
the outer skin of the passenger car is allowed provided that the
resulting deformations in no way intrude upon the occupied volume of
the car.
    (ii) Each passenger car shall also be designed to rest on its roof
so that any damage in occupied areas is limited to roof extrusions.
Other than roof extrusions, the allowable stress in the structural
members of the occupied volumes for this condition shall be one-half
yield or one-half the critical buckling stress, whichever is less.
Local yielding to the outer skin, including the floor structure, of the
car is allowed provided that the resulting deformations in no way
intrude upon the occupied volume of the car. Deformation to the roof
extrusions is allowed to the extent necessary to permit the vehicle to
be supported directly on the top chords of the sides and ends.
    (2) Side structure. (i) The sum of the section moduli about a
longitudinal axis, taken at the weakest horizontal section between the
side sill and roof, of the extrusions on each side of the car located
between the inside edge of the doors shall be not less than 3.95 x 105
mm\3\ (24.1 in\3\).
    (ii) The sum of the section moduli about a transverse axis, taken
at the weakest horizontal section on each side of the car located
between body corners shall be not less than 2.64 x 105 mm\3\ (16.1
in\3\).
    (iii) The minimum section moduli or thicknesses specified in
paragraph (f)(2)(i) of this section shall be adjusted in proportion to
the ratio of the yield strength of the material used to a value of 172
MPa (25 ksi).
    (iv) The combined thickness of the skin of the side structure
extrusions shall not be less than 3 mm (0.125 inch) nominal thickness.
The thicknesses shall be adjusted in proportion to the ratio of the
yield strength of the material used to a value of 172 MPa (25 ksi).
    (f) Bogie-to-carbody attachment. (1) The bogie-to-carbody
attachment shall utilize the service-proven design as used on the N700.
    (2) The bogie shall be securely attached to the carbody and
designed to operate without failure under the operating conditions of
the railroad, including expected mechanical shocks and vibrations.

Sec.  299.405   Trainset interiors.

    (a) Interior fittings. Interior fittings of trainsets shall be--
    (1) Securely attached and designed to operate without failure under
the conditions typically found in passenger rail equipment including
expected mechanical vibrations, and shock.
    (2) To the extent possible, all interior fittings shall be recessed
or flush mounted. Corners and/or sharp edges shall be either avoided or
padded to mitigate the consequence of impact with such surfaces.
    (b) Luggage stowage. (1) Luggage stowage racks shall slope downward
in the outboard direction at a minimum ratio of 1:8 with respect to a
horizontal plane to provide lateral restraint for stowed articles.
    (2) Luggage stowage compartments shall provide longitudinal
restraint for stowed articles.

Sec.  299.407   Glazing.

    (a) General. The railroad shall install glazing systems compliant
with the requirements defined in this section.
    (b) Trainset glazing; end-facing. (1) Each end-facing exterior
window of the trainset shall comply with the requirements for large
object and ballistic impact scenarios as defined in this section.
    (2) Each end-facing exterior window of the trainset shall
demonstrate compliance with the following requirements for the large
object impact test.
    (i) The glazing article shall be impacted with a cylindrical
projectile that complies with the following design specifications as
depicted in Figure 1 to paragraph (b)(2)(i)(D) of this section:
    (A) The projectile shall be constructed of aluminum alloy such as
ISO 6362-2:1990, grade 2017A, or its demonstrated equivalent;
    (B) The projectile end cap shall be made of steel;
    (C) The projectile assembly shall weigh 1 kilogram (kg) (-0, +0.020
kg) or 2.2 lbs (-0, +0.044 lbs) and shall have a hemispherical tip.
Material may be removed from the interior of the aluminum portion to
adjust the projectile mass according to the prescribed tolerance. The
hemispherical tip shall have a milled surface with 1 mm (0.04 inches)
grooves; and
    (D) The projectile shall have an overall diameter of 94 mm (3.7
inches) with a nominal internal diameter of 70 mm (2.76 inches).

[GRAPHIC] [TIFF OMITTED] TR03NO20.006

    (ii) The test of the glazing article shall be deemed satisfactory
if the test projectile does not penetrate the glazing article, the
glazing article remains in its frame, and the witness plate is not
marked by spall.
    (iii) A new projectile shall be used for each test.
    (iv) The glazing article to be tested shall be that which has the
smallest area for each design type. For the test, the glazing article
shall be fixed in a frame of the same construction as that mounted on
the vehicle.
    (v) A minimum of four tests shall be conducted and all must be
deemed satisfactory. Two tests shall be conducted with the complete
glazing article at 0 [deg]C  0.5 [deg]C (32 [deg]F  0.9 [deg]F) and two tests shall be conducted with the complete
glazing article at 20 [deg]C  5 [deg]C (68 [deg]F  9 [deg]F). For the tests to be valid it shall be demonstrated
that the core temperature of the complete glazing article during each
test is within the required temperature range.
    (vi) The test glazing article shall be mounted at the same angle
relative to the projectile path as it will be to the direction of
travel when mounted on the vehicle.
    (vii) The projectile's impact velocity shall equal the maximum
operating speed of the trainset plus 160 km/h (100 mph). The projectile
velocity shall be measured within 4 m (13 feet) of the point of impact.
    (viii) The point of impact shall be at the geometrical center of
the glazing article.
    (3) Representative samples for large object impact testing of large
end-facing cab glazing articles may be used, instead of the actual
design size provided that the following conditions are met:
    (i) Testing of glazing articles having dimensions greater than
1,000 mm by 700 mm (39.4 by 27.6 inches), excluding framing, may be
performed using a flat sample having the same composition as the
glazing article for which compliance is to be demonstrated. The glazing
manufacturer shall provide documentation containing its technical
justification that testing a flat sample is sufficient to verify
compliance of the glazing article with the requirements of this
paragraph.
    (ii) Flat sample testing is permitted only if no surface of the
full-size glazing article contains curvature whose radius is less than
2,500 mm (98 inches); and when a complete, finished, glazing article is
laid (convex side uppermost) on a flat horizontal surface, the
distance, (measured perpendicularly to the flat surface) between the
flat surface and the inside face of the glazing article is not greater
than 200 mm (8 inches).
    (4) End-facing glazing shall demonstrate sufficient resistance to
spalling, as verified by the large impact

projectile test under the following conditions:
    (i) An annealed aluminum witness plate of maximum thickness 0.15 mm
(0.006 inches) and of dimension 500 mm by 500 mm (19.7 by 19.7 inches)
is placed vertically behind the sample under test, at a horizontal
distance of 500 mm (19.7 inches) from the point of impact in the
direction of travel of the projectile or the distance between the point
of impact of the projectile and the location of the driver's eyes in
the driver's normal operating position, whichever is less. The center
of the witness plate is aligned with the point of impact.
    (ii) Spalling performance shall be deemed satisfactory if the
aluminum witness plate is not marked.
    (iii) For the purposes of this part, materials used specifically to
protect the cab occupants from spall (i.e., spall shields) shall not be
required to meet the flammability and smoke emission performance
requirements of Sec.  299.413.
    (5) Each end-facing exterior window in a cab shall, at a minimum,
provide ballistic penetration resistance that meets the requirements of
appendix A to part 223 of this chapter.
    (c) Trainset glazing; side-facing. Except as provided in paragraph
(d) of this section, each side-facing exterior window in a trainset
shall comply with the requirements for Type II glazing as defined in
part 223 of this chapter or other alternative standard approved by FRA.
    (d) Side-facing breakable glazing. A side-facing exterior window
intended to be breakable and serve as an emergency egress window may
comply with an alternative standard approved for use by FRA under Sec.
299.15.
    (e) Certification of Glazing Materials. Glazing materials shall be
certified in accordance with the following procedures:
    (1) Each manufacturer that provides glazing materials, intended by
the manufacturer for use in achieving compliance with the requirements
of this subpart, shall certify that each type of glazing material being
supplied for this purpose has been successfully tested in accordance
with this section and that test verification data are available to the
railroad or to FRA upon request.
    (2) Tests performed on glazing materials for compliance with this
part shall be conducted by either--
    (i) An independent third party (lab, facility, underwriter); or
    (ii) The glazing manufacturer, providing FRA with the opportunity
to witness all tests by written notice, a minimum of 30 days prior to
testing.
    (3) Any glazing material certified to meet the requirements of this
part shall be re-certified if any change is made to the glazing that
may affect its mechanical properties or its mounting arrangement on the
vehicle.
    (4) All certification/re-certification documentation shall be made
available to FRA upon request. The test verification data shall contain
all pertinent original data logs and documentation that the selection
of material samples, test set-ups, test measuring devices, and test
procedures were performed by qualified individuals using recognized and
acceptable practices and in accordance with this section.
    (5) Glazing shall be marked in the following manner:
    (i) Each end-facing exterior window in a cab shall be permanently
marked, prior to installation, in such a manner that the marking is
clearly visible after the material has been installed. The marking
shall include:
    (A) The words ``FRA TYPE IHS'' to indicate that the material meets
the requirements specified in paragraph (b) of this section;
    (B) The manufacturer of the material; and
    (C) The type or brand identification of the material.
    (ii) Each side-facing exterior window in a trainset shall be
permanently marked, prior to installation, in such a manner that the
marking is clearly visible after the material has been installed. The
marking shall include:
    (A) The words ``FRA TYPE II'' to indicate that the material meets
the requirements specified in paragraph (c) of this section;
    (B) The manufacturer of the material; and
    (C) The type or brand identification of the material.
    (f) Glazing securement. Each exterior window shall remain in place
when subjected to--
    (1) The forces due to air pressure differences caused when two
trainsets pass at the minimum separation for two adjacent tracks, while
traveling in opposite directions, each trainset traveling at the
maximum approved trainset speed in accordance with Sec.  299.609(g);
and
    (2) The impact forces that the exterior window is required to
resist as specified in this section.

Sec.  299.409   Brake system.

    (a) General. The railroad shall demonstrate through analysis and
testing the maximum safe operating speed for its trainsets that results
in no thermal damage to equipment or infrastructure during normal
operation of the brake system.
    (b) Minimum performance requirement for brake system. Each
trainset's brake system, under the worst-case adhesion conditions as
defined by the railroad, shall be capable of stopping the trainset from
its maximum operating speed within the signal spacing existing on the
track over which the trainset is operating.
    (c) Urgent brake system. A trainset shall be provided with an
urgent brake application feature that produces an irretrievable stop.
An urgent brake application shall be available at any time, and shall
be initiated by an unintentional parting of the trainset or by the
trainset crew from the conductor rooms.
    (d) Application/release indication. The brake system shall be
designed so that an inspector may determine whether the brake system is
functioning properly without being placed in a dangerous position on,
under or between the equipment. This determination may be made through
automated monitoring system that utilizes sensors to verify that the
brakes have been applied and released.
    (e) Passenger brake alarm. (1) A means to initiate a passenger
brake alarm shall be provided at two locations in each unit of a
trainset. The words ``Passenger Brake Alarm'' shall be legibly
stenciled or marked on each device or on an adjacent badge plate.
    (2) All passenger brake alarms shall be installed so as to prevent
accidental activation.
    (3) When a passenger brake alarm is activated, it shall initiate an
emergency brake application. The emergency brake application can be
overridden by the driver so that the trainset can be stopped at a safe
location.
    (4) To retrieve the emergency brake application described in
paragraph (e)(3) of this section, the driver must activate appropriate
controls to issue a command for brake application as specified in the
railroad's operating rules.
    (f) Degraded brake system performance. The following requirements
address degraded brake system performance on the railroad's high-speed
trainsets--
    (1) Loss of power or failure of regenerative brake shall not result
in exceeding the allowable stopping distance as defined by the
railroad;
    (2) The available friction braking shall be adequate to stop the
trainset safely under the operating conditions defined by the railroad;

    (3) The operational status of the trainset brake system shall be
displayed for the driver in the operating cab; and
    (4) Under Sec.  299.607(b)(5), the railroad shall demonstrate
through analysis and testing the maximum speed for safely operating its
trainsets using only the friction brake system with no thermal damage
to equipment or infrastructure. The analysis and testing shall also
determine the maximum safe operating speed for various percentages of
operative friction brakes.
    (g) Main reservoir system. The main reservoirs in a trainset shall
be designed and tested to meet the requirements set forth in JIS B
8265:2010(E) (incorporated by reference, see Sec.  299.17). Reservoirs
shall be certified based on their size and volume requirements.
    (h) Main reservoir tests. Prior to initial installation, each main
reservoir shall be subjected to a pneumatic or hydrostatic pressure
test based on the maximum working pressure defined in paragraph (g) of
this section unless otherwise established by the railroad's mechanical
officer. Records of the test date, location, and pressure shall be
maintained by the railroad for the life of the equipment. Periodic
inspection requirements for main reservoirs shall be defined in the
railroad's inspection, testing, and maintenance program required under
Sec.  299.445.
    (i) Brake gauges. All mechanical gauges and all devices providing
electronic indication of air pressure that are used by the driver to
aid in the control or braking of a trainset shall be located so that
they can be conveniently read from the driver's normal position during
operation of the trainset.
    (j) Brake application/release. (1) Brake actuators shall be
designed to provide brake pad clearance when the brakes are released.
    (2) The minimum brake cylinder pressure shall be established to
provide adequate adjustment from minimum service to emergency for
proper trainset operation.
    (k) Leakage. The method of inspection for main reservoir pipe and
brake cylinder pipe leakage shall be prescribed in the railroad's
inspection, testing, and maintenance program required by Sec.  299.445.
    (l) Slide alarm. (1) A trainset shall be equipped with an adhesion
control system designed to automatically adjust the braking force on
each wheel to prevent sliding during braking.
    (2) A wheel slide alarm that is visual or audible, or both, shall
alert the driver in the operating cab to wheel-slide conditions on any
axle of the trainset.
    (3) Operating restrictions for a trainset with wheel slide
protection devices that are not functioning as intended shall be
defined by the railroad under its requirements for movement of
defective equipment required by Sec.  299.447, and within the
railroad's operating rules, as appropriate.
    (m) Monitoring and diagnostic system. Each trainset shall be
equipped with a monitoring and diagnostic system that is designed to
assess the functionality of the brake system for the entire trainset
automatically. Details of the system operation and the method of
communication of brake system functionality prior to the dispatch of
the trainset shall be described in detail in the railroad's Operating
Rules and inspection, testing, and maintenance program required by
Sec.  299.445.
    (n) Trainset securement. Each trainset shall be equipped with a
means of securing the equipment, independent of the friction brake, on
the grade condition defined by the railroad. The railroad's operating
rules shall define procedures for trainset securement and the railroad
shall demonstrate that these procedures effectively secure the
equipment in accordance with Sec.  299.607(b)(5).
    (o) Rescue operation; brake system. A trainset's brake system shall
be designed so as to allow a rescue vehicle or trainset to control its
brakes when the trainset is disabled.

Sec.  299.411   Bogies and suspension system.

    (a) Wheel climb. (1) Suspension systems shall be designed to
reasonably prevent wheel climb, wheel unloading, rail rollover, rail
shift, and a vehicle from overturning to ensure safe, stable
performance and ride quality. These requirements shall be met--
    (i) In all operating environments, and under all track conditions
and loading conditions as determined by the railroad; and
    (ii) At all track speeds and over all track qualities consistent
with the requirements in subpart C of this part, up to the maximum
trainset speed and maximum cant deficiency of the equipment in
accordance with Sec.  299.609(g).
    (2) All passenger equipment shall meet the safety performance
standards for suspension systems contained in Sec.  299.609(h). In
particular--
    (i) Vehicle/track system qualification. All trainsets shall
demonstrate safe operation during vehicle/track system qualification in
accordance with Sec.  299.609 and is subject to the requirements of
Sec.  299.315.
    (ii) Revenue service operation. All passenger equipment in service
is subject to the requirements of Sec.  299.315.
    (b) Lateral accelerations. The trainsets shall not operate under
conditions that result in a steady-state lateral acceleration greater
than 0.15g, as measured parallel to the car floor inside the passenger
compartment.
    (c) Journal bearing overheat sensors. Bearing overheat sensors
shall be provided on all journal bearings on each trainset.

Sec.  299.413   Fire safety.

    (a) General. All materials used in constructing the interior of the
trainset shall meet the flammability and smoke emission characteristics
and testing standards contained in appendix B to part 238 of this
chapter. For purposes of this section, the interior of the trainset
includes walls, floors, ceilings, seats, doors, windows, electrical
conduits, air ducts, and any other internal equipment.
    (b) Certification. The railroad shall require certification that a
representative sample of combustible materials to be--
    (1) Used in constructing a passenger car or a cab, or
    (2) Introduced in a passenger car or a cab, as part of any kind of
rebuild, refurbishment, or overhaul of the car or cab, has been tested
by a recognized independent testing laboratory and that the results
show the representative sample complies with the requirements of
paragraph (a) of this section at the time it was tested.
    (c) Fire safety analysis. The railroad shall ensure that fire
safety considerations and features in the design of the trainsets
reduce the risk of personal injury caused by fire to an acceptable
level in its operating environment using a formal safety methodology.
To this end, the railroad shall complete a written fire safety analysis
for the passenger equipment being procured. In conducting the analysis,
the railroad shall--
    (1) Identify, analyze, and prioritize the fire hazards inherent in
the design of the equipment.
    (2) Take effective steps to design the equipment and select
materials which help provide sufficient fire resistance to reasonably
ensure adequate time to detect a fire and safely evacuate the
passengers and crewmembers, if a fire cannot be prevented. Factors to
consider include potential ignition sources; the type, quantity, and
location of the materials; and availability of rapid and safe egress to
the exterior of the equipment under conditions secure from fire, smoke,
and other hazards.

    (3) Reasonably ensure that a ventilation system in the equipment
does not contribute to the lethality of a fire.
    (4) Identify in writing any trainset component that is a risk of
initiating fire and which requires overheat protection. An overheat
detector shall be installed in any component when the analysis
determines that an overheat detector is necessary.
    (5) Identify in writing any unoccupied trainset compartment that
contains equipment or material that poses a fire hazard, and analyze
the benefit provided by including a fire or smoke detection system in
each compartment so identified. A fire or smoke detector shall be
installed in any unoccupied compartment when the analysis determines
that such equipment is necessary to ensure sufficient time for the safe
evacuation of passengers and crewmembers from the trainset. For
purposes of this section, an unoccupied trainset compartment means any
part of the equipment structure that is not normally occupied during
operation of the trainset, including a closet, baggage compartment,
food pantry, etc.
    (6) Determine whether any occupied or unoccupied space requires a
portable fire extinguisher and, if so, the proper type and size of the
fire extinguisher for each location. As required by Sec.  239.101 of
this chapter, each passenger car is required to have a minimum of one
portable fire extinguisher. If the analysis performed indicates that
one or more additional portable fire extinguishers are needed, such
shall be installed.
    (7) Analyze the benefit provided by including a fixed, automatic
fire-suppression system in any unoccupied trainset compartment that
contains equipment or material that poses a fire hazard, and determine
the proper type and size of the automatic fire-suppression system for
each such location. A fixed, automatic fire-suppression system shall be
installed in any unoccupied compartment when the analysis determines
that such equipment is practical and necessary to ensure sufficient
time for the safe evacuation of passengers and crewmembers from the
trainset.
    (8) Explain how safety issues are resolved in the design of the
equipment and selection of materials to reduce the risk of each fire
hazard.
    (9) Describe the analysis and testing necessary to demonstrate that
the fire protection approach taken in the design of the equipment and
selection of materials meets the fire protection requirements of this
part.
    (d) Inspection, testing, and maintenance. The railroad shall
develop and adopt written procedures for the inspection, testing, and
maintenance of all fire safety systems and fire safety equipment on the
passenger equipment it operates under Sec.  299.445(b), and subpart G
of this part. The railroad shall comply with those procedures that it
designates as mandatory for the safety of the equipment and its
occupants.

Sec.  299.415   Doors.

    (a) Each powered, exterior side door in a vestibule that is
partitioned from the passenger compartment of a trainset shall have a
manual override device that is--
    (1) Capable of releasing the door to permit it to be opened without
power.
    (2) Located such that--
    (i) Interior access is provided adjacent to each manual door
release mechanism; and,
    (ii) Exterior access is provided on each side of each car.
    (3) Designed and maintained so that a person may access and operate
the override device readily without requiring the use of a tool or
other implement.
    (4) The railroad may protect a manual override device used to open
a powered, exterior door with a cover or a screen.
    (5) When a manual override device is activated, door panel
friction, including seals and hangers, shall allow the doors to be
opened or closed manually with as low a force as practicable.
    (6) The emergency release mechanism shall require manual reset.
    (b) Each passenger car shall have a minimum of one exterior side
door per side. Each such door shall provide a minimum clear opening
with dimensions of 813 mm (32 inches) horizontally by 1,850 mm (72.8
inches) vertically.
    (c) Door exits shall be marked, and instructions provided for their
use, as specified in Sec.  299.423.
    (d) All doors intended for access by emergency responders shall be
marked, and instructions provided for their use, as specified in Sec.
299.423.
    (e) Vestibule doors and other interior doors intended for passage
through a passenger car.
    (1) General. Except for a door providing access to a control
compartment each powered vestibule door and any other powered interior
door intended for passage through a passenger car shall have a manual
override device that conforms with the requirements of paragraphs
(e)(2) and (3) of this section.
    (2) Manual override devices. Each manual override device shall be:
    (i) Capable of releasing the door to permit it to be opened without
power;
    (ii) Located adjacent to the door it controls; and
    (iii) Designed and maintained so that a person may readily access
and operate the override device from each side of the door without the
use of a tool or other implement.
    (3) Marking and instructions. Each manual override device and each
retention mechanism shall be marked, and instructions provided for
their use, as specified in Sec.  299.423.
    (f) The status of each powered, exterior side door in a passenger
car shall be displayed to the driver in the operating cab. Door
interlock sensors shall be provided to detect trainset motion and shall
be nominally set to operate at 5 km/h.
    (g) All powered exterior side passenger doors shall--
    (1) Be equipped with the service-proven door safety system utilized
by the N700 or an alternate door safety system designed subject to a
Failure Modes, Effects, Criticality Analysis (FMECA);
    (2) Be designed with an obstruction detection system capable of
detecting a rigid flat bar, 6.4 mm (\1/4\ inches) wide and 76 mm (3
inches) high and a rigid rod, 9.5 mm (\3/8\ inches) in diameter;
    (3) Incorporate an obstruction detection system sufficient to
detect large obstructions;
    (4) Be designed so that activation of a door by-pass feature does
not affect the operation of the obstruction detection system on all the
other doors on the trainset;
    (5) Have the door control station located in a secured area that is
only accessible to crewmembers or maintenance personnel;
    (6) Be designed such that the door open or closed circuit is not
affected by the throttle position; and
    (7) Use discrete, dedicated trainlines for door-open and door-close
commands, door-closed summary circuit, and no motion, if trainlined.
    (h) All powered exterior side door systems in a trainset shall--
    (1) Be designed with a door summary circuit. The door summary
circuit shall be connected or interlocked to prohibit the trainset from
developing tractive power if an exterior side door in a passenger car,
other than a door under the direct physical control of a crewmember for
his or her exclusive use, is not closed;
    (2) Be connected to side door status indicators located on the
exterior of each unit of the trainset;
    (3) Be connected to a door summary status indicator that is readily
viewable to the driver from his or her normal position in the operating
cab;

    (4) If equipped with a trainset-wide door by-pass device, be
designed so that the trainset-wide door by-pass functions only when
activated from the operating cab of the trainset;
    (5) Be equipped with a lock (cut-out/lock-out) mechanism installed
at each door panel to secure a door in the closed and locked position.
When the lock mechanism is utilized to secure the door in the closed
position, a door-closed indication shall be provided to the door
summary circuit; and
    (6) Be designed such that a crew key or other secure device be
required to lock-out an exterior side door to prevent unauthorized use.
    (i)(1) Visual inspections and functional tests. The inspection and
functional tests required for the door safety system, including the
trainset-wide door by-pass verification, shall be conducted in
accordance with the railroad's trainset inspection, testing, and
maintenance program in accordance with Sec.  299.445, and operating
rules under subpart E.
    (2) Face-to-face relief. Crewmembers taking control of a trainset
do not need to perform a visual inspection or a functional test of the
door by-pass devices in cases of face-to-face relief of another
trainset crew and notification by that crew as to the functioning of
the door by-pass devices.
    (j) The railroad shall maintain a record of each door by-pass
activation and each unintended opening of a powered exterior side door,
including any repair(s) made, in the defect tracking system as required
by Sec.  299.445(h).

Sec.  299.417   Emergency lighting.

    (a) General. Emergency lighting shall be provided in each unit of a
trainset. The emergency lighting system shall be designed to facilitate
the ability of passengers and trainset crew members, and/or emergency
responders to see and orient themselves, to identify obstacles, in
order to assist them to safely move through and out of a passenger rail
car.
    (1) Emergency lighting shall illuminate the following areas:
    (i) Passenger car aisles, passageways, and toilets;
    (ii) Door emergency exit controls/manual releases;
    (iii) Vestibule floor near the door emergency exits (to facilitate
safe entrance/exit from the door);
    (iv) Within the car diaphragm and adjacent area; and
    (v) Specialty car locations such as crew offices.
    (b) Minimum illumination levels. (1) A minimum, average
illumination level of 10.7 lux (1 foot-candle) measured at floor level
adjacent to each exterior door and each interior door providing access
to an exterior door (such as a door opening into a vestibule);
    (2) A minimum, average illumination level of 10.7 lux (1 foot-
candle) measured 635 mm (25 inches) above floor level along the center
of each aisle and passageway;
    (3) A minimum illumination level of 1.1 lux (0.1 foot-candle)
measured 635 mm (25 inches) above floor level at any point along the
center of each aisle and passageway;
    (c) Lighting activation. Each emergency lighting fixture shall
activate automatically or be energized continuously whenever the car is
in revenue service and normal lighting is not available.
    (d) Independent power source. Emergency lighting system shall have
an independent power source(s) that is located in or within one half a
car length of each light fixture it powers.
    (e) Functional requirements. Emergency lighting system components
shall be designed to operate without failure and capable of remaining
attached under the conditions typically found in passenger rail
equipment including expected mechanical vibrations, and shock in
accordance with Sec.  299.405(a)(1), as well as comply with
electromagnetic interference criteria in Sec.  299.435(e).
    (1) All emergency lighting system components shall be capable to
operate in all railcar orientations.
    (2) All emergency lighting system components shall be capable to
operate when normal power is unavailable for 90 minutes without a loss
of more than 40% of the minimum illumination levels specified in
paragraph (b) of this section.
    (f) Inspection. (1) The railroad shall inspect the emergency
lighting system as required by its inspection, testing, and maintenance
program in accordance with Sec.  299.445.
    (2) If batteries are used as independent power sources, they shall
have automatic self-diagnostic modules designed to perform discharge
tests.

Sec.  299.419   Emergency communication.

    (a) PA (public address) system. Each passenger car shall be
equipped with a PA system that provides a means for a trainset
crewmember to communicate by voice to passengers of his or her trainset
in an emergency situation. The PA system shall also provide a means for
a trainset crewmember to communicate by voice in an emergency situation
to persons in the immediate vicinity of his or her trainset (e.g.,
persons on the station platform). The PA system may be part of the same
system as the intercom system.
    (b) Intercom system. Each passenger car shall be equipped with an
intercom system that provides a means for passengers and crewmembers to
communicate by voice with each other in an emergency situation. Except
as further specified, at least one intercom that is accessible to
passengers without using a tool or other implement shall be located in
each end (half) of each car.
    (c) Marking and instructions. The following requirements apply to
all units of a trainset:
    (1) The location of each intercom intended for passenger use shall
be conspicuously marked with HPPL material in accordance with Sec.
299.423; and
    (2) Legible and understandable operating instructions shall be made
of HPPL material in accordance with Sec.  299.423 and posted at or near
each such intercom.
    (d) Back-up power. PA and intercom systems shall have a back-up
power system capable of--
    (1) Powering each system to allow intermittent emergency
communication for a minimum period of 90 minutes. Intermittent
communication shall be considered equivalent to continuous
communication during the last 15 minutes of the 90-minute minimum
period; and
    (2) Operating in all equipment orientations within 90 degrees of
vertical.
    (e) Additional requirements. The PA and intercom systems shall be
designed to operate without failure and remain attached under the
conditions typically found in passenger rail equipment including
expected mechanical vibrations, and shock in accordance with Sec.
299.405(a)(1), as well as comply with electromagnetic interference
criteria in Sec.  299.435(e).

Sec.  299.421   Emergency roof access.

    (a) Number and dimensions. Each passenger car shall have a minimum
of two emergency roof access locations, each providing a minimum
opening of 660 mm (26 inches) longitudinally (i.e., parallel to the
longitudinal axis of the car) by 610 mm (24 inches) laterally.
    (b) Means of access. Emergency roof access shall be provided by
means of a conspicuously marked structural weak point in the roof for
access by properly equipped emergency response personnel.
    (c) Location. Emergency roof access locations shall be situated so
that when a car is on its side--
    (1) One emergency access location is situated as close as
practicable within

each half of the roof as divided top from bottom; and
    (2) One emergency access location is situated as close as
practicable within each half of the roof as divided left from right.
(See Figure 1 to this paragraph.)
[GRAPHIC] [TIFF OMITTED] TR03NO20.007

    (d) Obstructions. The ceiling space below each emergency roof
access location shall be free from wire, cabling, conduit, and piping.
This space shall also be free of any rigid secondary structure (e.g., a
diffuser or diffuser support, lighting back fixture, mounted PA
equipment, or luggage rack) where practicable. It shall be permissible
to cut through interior panels, liners, or other non-rigid secondary
structures after making the cutout hole in the roof, provided any such
additional cutting necessary to access the interior of the vehicle
permits a minimum opening of the dimensions specified in paragraph (a)
of this section to be maintained.
    (e) Marking instructions. Each emergency roof access location shall
be conspicuously marked with retroreflective material of contrasting
color meeting the minimum requirements specified in Sec.  299.423.
Legible and understandable instructions shall be posted at or near each
such location.

Sec.  299.423   Markings and instructions for emergency egress and
rescue access.

    (a) General. Instructions and markings shall be provided in each
unit of a trainset in accordance with the minimum requirements of this
section to provide instructions for passengers and trainset crewmembers
regarding emergency egress, and rescue access instructions for
emergency responders.
    (b) Visual identity and recognition. Emergency exit signage/marking
systems shall enable passengers and trainset crewmembers to make
positive identification of emergency exits.
    (1) Each interior emergency exit sign and emergency exit locator
sign shall be conspicuous (i.e., clearly recognizable/distinguishable)
or become conspicuous to passengers and trainset crewmembers
immediately and automatically upon the loss of power for normal
lighting, from a minimum distance of 1.52 m (5 feet).
    (2) The signs and markings shall operate independently of the car's
normal and emergency lighting systems, for a minimum of 90 minutes
after loss of all power for normal lighting.
    (3) An emergency exit locator sign shall be located in close
proximity of each emergency exit and shall work in conjunction with the
emergency exit sign. The location of the sign, directional arrow(s), or
wording shall guide passengers and trainset crewmembers to the
emergency exit route.
    (c) Rescue access signage/marking systems. (1) Rescue access
signage and marking systems shall enable emergency responders to make
positive identification of rescue access points.
    (2) Rescue access information for emergency responders placed on
the exterior of the carbody shall, at a minimum, consist of the
following:
    (i) Each door intended for use by emergency responders for rescue
access shall be identified with emergency access signs, symbols, or
other conspicuous marking consisting of retroreflective material that
complies with paragraphs (d) and (e) of this section.
    (ii) Rescue access door control locator signs/markings and
instructions;
    (A) Each door intended for use by emergency responders for rescue
access shall have operating instructions for opening the door from
outside the car placed on or immediately adjacent to the door on the
carbody. If a power door does not function with an integral release
mechanism, the instructions shall indicate the location of the exterior
manual door control.
    (B) Each power door intended for use by emergency responders for
rescue access which has a non-integral release mechanism located away
from the door, shall have a door control sign/marking placed at the
location of this control that provides instructions for emergency
operation, either as part of the access sign/marking or as another
sign/marking.
    (C) Each car equipped with manual doors shall have operating
instructions for opening the door from the exterior, either as part of
the access sign/marking or as another sign/marking.
    (iii) Rescue access window locator signs/markings and instructions;
and
    (A) Each rescue access window shall be identified with a unique
retroreflective and easily recognizable sign, symbol, or other
conspicuous marking that complies with paragraphs (d) and (e) of this
section.
    (B) Signs, symbols, or marking shall be placed at the bottom of
each such window, on each window, or adjacent

to each window, utilizing arrows, where necessary, to clearly designate
rescue assess window location. Legible and understandable window-access
instructions, including any pictogram/instructions for removing the
window, shall be posted at or near each rescue access window.
    (iv) Roof access locator signs/markings and instructions.
    (A) The location of each emergency access point provided on the
roof of a passenger car shall be clearly marked with retroreflective
material of contrasting color that complies with paragraphs (d) and (e)
of this section.
    (B) Legible and understandable instructions shall be posted at or
near each such location.
    (C) If emergency roof access is provided by means of a structural
weak point:
    (1) The retroreflective material shall clearly mark the line along
which the roof skin shall be cut; and
    (2) A sign plate with a retroreflective border shall also state:
    CAUTION--DO NOT USE FLAME CUTTING DEVICES.
    CAUTION--WARN PASSENGERS BEFORE CUTTING.
    CUT ALONG DASHED LINE TO GAIN ACCESS.
    ROOF CONSTRUCTION--[STATE RELEVANT DETAILS].
    (d) Color contrast. Exterior signs/markings shall provide luminance
contrast ratio of not less than 0.5, as measured by a color-corrected
photometer.
    (e) Materials--(1) Retroreflective material. Exterior emergency
rescue access locator signs/markings shall be constructed of
retroreflective material that conforms to the specifications for Type I
material sheeting, as specified in ASTM D 4956-07 [egr]\1\
(incorporated by reference, see Sec.  299.17), as tested in accordance
with ASTM E 810-03 (incorporated by reference, see Sec.  299.17).
    (2) HPPL materials. All HPPL materials used in finished component
configurations shall comply with the minimum luminance criterion of 7.5
mcd/m\2\ after 90 minutes when tested according to the provisions of
ASTM E 2073-07 (incorporated by reference, see Sec.  299.17), with the
following three modifications:
    (i) Activation. The HPPL material shall be activated with a
fluorescent lamp of 40W or less and a color temperature of 4000-4500K
that provides no more than 10.7 lux (1 fc) of illumination as measured
on the material surface. The activation period shall be for no more
than 60 minutes.
    (ii) Luminance. The photopic luminance of all specimens of the HPPL
material shall be measured with a luminance meter as defined in section
5.2 of ASTM E 2073-07, a minimum of 90 minutes after activation has
ceased.
    (iii) Luminance in mcd/m\2\. The test report shall include a
luminance measurement 90 minutes after activation has ceased.
    (f) Recordkeeping. (1) The railroad shall retain a copy of the car
manufacturer/supplier provided independent laboratory certified test
report results showing that the illuminance or luminance measurements,
as appropriate, on the active area of the signage/marking component.
Such records shall be kept until all cars with those components are
retired, transferred, leased, or conveyed to another railroad for use
in revenue service. A copy of such records shall be transferred to the
accepting railroad along with any such cars.
    (2) The railroad shall retain a copy of the railroad-approved
illuminance test plan(s) and test results until the next periodic test,
or other test specified in accordance with the railroad's inspection,
testing, and maintenance program is conducted on a representative car/
area, or until all cars of that type are retired, or are transferred,
leased, or conveyed to another railroad. A copy of such records shall
be transferred to the accepting railroad along with such car(s).
    (3) The railroad shall retain a copy of the certified independent
laboratory test report results that certify that the retroreflective
material complies with Type I materials per ASTM D-4956-07 [egr]\1\
until all cars containing the retroreflective material are retired, or
are transferred, leased, or conveyed to another railroad. A copy of
such records shall be provided to the accepting railroad along with any
car(s) that are transferred, leased, or conveyed.

Sec.  299.425   Low-location emergency exit path marking.

    (a) General. Low-location emergency exit path marking (LLEEPM)
shall be provided in each unit of a trainset. The LLEEPM system shall
be designed to identify the location of primary door exits and the exit
path to be used to reach such doors by passengers and trainset
crewmembers under conditions of darkness when normal and emergency
sources of illumination are obscured by smoke or are inoperative.
    (b) Visual identity and recognition. The LLEEPM system shall be
conspicuous (i.e., clearly recognizable/distinguishable), or become
conspicuous immediately and automatically from a low-location upon loss
of power for normal lighting, and under the minimum general emergency
light illumination levels as specified in Sec.  299.423.
    (c) Signage and markings. At a minimum, the LLEEPM system shall
have the following three components:
    (1) Primary door exit signs. (i) Each primary door exit shall be
clearly marked with an exit sign;
    (ii) The exit sign shall be visible from a low-location from the
exit along the exit path; and
    (iii) Each exit sign shall be located on or immediately adjacent to
each door and placed between 152.4 and 457.2 mm (6 and 18 inches) above
the floor.
    (2) Primary door exit marking/delineators. (i) The location of the
exit path shall be marked using electrically powered (active) marking/
delineators or light fixtures, HPPL (passive) marking/delineators or a
combination of these two systems.
    (ii) The requirements in this section apply for both electrical and
HPPL components, whether installed on the walls, floors, or seat
assemblies.
    (iii) Each primary door shall be marked on or around the door's
operating handle.
    (3) Exit path marking/delineators. (i) The marking/delineator
components shall be positioned so as to identify an exit path to all
primary exits that is clearly visible and easily recognizable from any
seat or compartment in the trainset, when normal lighting and emergency
lighting are unavailable in conditions of darkness and/or smoke.
    (ii) Markings/delineators shall be located on the floor or no
higher than 457.2 mm (18 inches) on the seat assembly, or walls/
partitions of aisles, and/or passageways.
    (iii) Changes in the direction of the exit path shall be indicated
by the LLEEPM and be placed within 102 mm (4 inches) of the corner of
the exit path.
    (d) Material--(1) HPPL passive systems. HPPL strip marking/
delineator material used for LLEEPM components shall be capable of
providing a minimum luminance level of 7.5 mcd/m\2\, measured 90
minutes after normal power has ceased.
    (2) Electroluminescent marking/delineator strips. The luminance
value of the electroluminescent (EL) marking/delineator strip shall be
at least 1,000 mcd/m\2\, as measured on the strip surface.
    (e) Conspicuity of markings. LLEEPM signs shall comply with the
text, color and respective illuminance or luminance requirements
specified in Sec.  299.423 and in this section.

    (f) Emergency performance duration. The LLEEPM system shall operate
independently of the car's normal and emergency lighting systems for 90
minutes after loss of all power for normal lighting.
    (g) Recordkeeping. (1) The railroad shall retain a copy of the car
manufacturer/supplier provided certified independent laboratory test
report results showing that the illuminance or luminance measurements,
as appropriate, on the active area of the signage/marking/delineator
component comply with the criteria specified in Sec.  299.423 and in
this section.
    (2) The railroad shall retain a copy of the railroad-approved
illuminance test plan(s) and test results until the next periodic test,
or other test specified in accordance with the railroad's inspection,
testing, and maintenance program and ensure that tests are conducted on
a representative car, or until all cars of that type are retired,
transferred, leased, or conveyed to another railroad. A copy of such
records shall be provided to the accepting railroads along with any
car(s) that are transferred, leased, or conveyed.
    (3) Illegible, broken, damaged, missing, or non-functioning
components of the LLEEPM system, including the normal and emergency
power systems, shall be reported and repaired in accordance with the
railroad's inspection, testing, and maintenance program as specified in
Sec.  299.445.

Sec.  299.427   Emergency egress windows.

    (a) Number and location. Each unit in a trainset shall have a
minimum of four emergency egress windows. At least one emergency egress
window shall be located in each side of each end (half) of the car, in
a staggered configuration where practicable. (See Figure 1 to this
paragraph.)
[GRAPHIC] [TIFF OMITTED] TR03NO20.008

    (b) Ease of operability. Each emergency egress window shall be
designed to permit rapid and easy removal from the inside of the car
during an emergency situation using a hammer designed to break the
glazing that shall be located adjacent to each emergency egress window.
The railroad shall inspect for the presence of the emergency hammers
each day prior to the trainset being placed into service in accordance
with Sec.  299.711(b).
    (c) Dimensions. Except as provided in paragraph (f) of this
section, each emergency egress window in a passenger car shall have an
unobstructed opening with minimum dimensions of 660 mm (26 inches)
horizontally by 610 mm (24 inches) vertically. A seatback is not an
obstruction if it can be moved away from the window opening without
using a tool or other implement.
    (d) Marking and instructions. (1) Each emergency egress window
shall be conspicuously and legibly marked with luminescent material on
the inside of each car to facilitate passenger egress as specified in
Sec.  299.423.
    (2) Legible and understandable operating instructions, including
instructions for removing the emergency egress window shall be made of
luminescent material, shall be posted at or near each such emergency
egress window as specified in Sec.  299.423.
    (e) Obstructions. If emergency egress window removal may be
hindered by the presence of a seatback, headrest, luggage rack, or
other fixture, the instructions shall state the method for allowing
rapid and easy removal of the emergency egress window, taking into
account the fixture(s), and this portion of the instructions may be in
written or pictorial format.
    (f) Additional emergency egress windows. Any emergency egress
window in addition to the minimum number required by paragraph (a) of
this section that has been designated for use by the railroad need not
comply with the minimum dimension requirements in paragraph (c) of this
section, but must otherwise comply with all requirements in this
subpart applicable to emergency egress windows.

Sec.  299.429   Rescue access windows.

    (a) General. Each emergency egress window required by Sec.  299.427
shall also serve as a means of rescue access.
    (b) Ease of operability. Each rescue access window must be capable
of being removed without unreasonable delay by an emergency responder
using tools or implements that are commonly available to the responder
in a passenger trainset emergency.
    (c) Marking and instructions. (1) Each rescue access window shall
be marked with retroreflective material on the exterior of each car as
specified in Sec.  299.423. A unique and easily recognizable symbol,
sign, or other conspicuous marking shall also be used to identify each
such window.
    (2) Legible and understandable window-access instructions,
including

instructions for removing the window, shall be posted at or near each
rescue access window as specified in Sec.  299.423.

Sec.  299.431   Driver's controls and cab layout.

    (a) Driver controls and cab layout. Driver controls and cab layout
shall replicate that used in the N700, unless otherwise approved by
FRA.
    (b) Cab seating. Each seat provided for an employee regularly
assigned to occupy a cab and any floor-mounted seat in the cab shall be
securely attached in accordance with Sec.  299.405.
    (c) Cab interior surface. Sharp edges and corners shall be
eliminated from the interior of the cab, and interior surfaces of the
cab likely to be impacted by an employee during a collision or
derailment shall be padded with shock-absorbent material.
    (d) Cab securement. Trainset interior cab doors shall be equipped
with the following:
    (1) A secure and operable device to lock the door from the outside
that does not impede egress from the cab; and
    (2) A securement device on each cab door that is capable of
securing the door from inside of the cab.
    (e) Cab glazing serviceability. End-facing cab windows of the lead
trainset cab shall be free of cracks, breaks, or other conditions that
obscure the view of the right-of-way for the crew from their normal
position in the cab.
    (f) Floors of cabs, passageways, and compartments. Floors of cabs,
passageways, and compartments shall be kept free from oil, water, waste
or any obstruction that creates a slipping, tripping or fire hazard.
Floors shall be properly treated to provide secure footing.
    (g) Cab environmental control. Each lead cab in a trainset shall be
heated and air conditioned. The HVAC system shall be inspected and
maintained to ensure that it operates properly and meets the railroad's
performance standard which shall be defined in the inspection, testing,
and maintenance program.
    (h) Trainset cab noise. Performance standards for the railroad's
trainsets--
    (1) The average noise levels in the trainset cab shall be less than
or equal to 85 dB(A) when the trainset is operating at maximum approved
trainset speed as approved under Sec.  299.609(g). Compliance with this
paragraph (h)(1) shall be demonstrated during the pre-revenue service
system integration testing as required by Sec.  299.607.
    (2) The railroad shall not make any alterations during maintenance
or modifications to the cab, that cause the average sound level to
exceed the requirements in paragraph (h)(1) of this section.
    (3) The railroad or manufacturer shall follow the test protocols
set forth in appendix B to this part to determine compliance with
paragraph (h)(1) of this section, and, to the extent reasonably
necessary to evaluate the effect of alterations during maintenance, to
determine compliance with paragraph (h)(2) of this section.
    (i) Maintenance of trainset cabs. (1) If the railroad receives an
excessive noise report, and if the condition giving rise to the noise
is not required to be immediately corrected under this part, the
railroad shall maintain a record of the report, and repair or replace
the item identified as substantially contributing to the noise:
    (i) On or before the next periodic inspection required by the
railroad's inspection, testing, and maintenance program under subpart
G; or
    (ii) If the railroad determines that the repair or replacement of
the item requires significant shop or material resources that are not
readily available, at the time of the next major equipment repair
commonly used for the particular type of maintenance needed.
    (2) The railroad has an obligation to respond to an excessive noise
report that a trainset-cab-occupant files. The railroad meets its
obligation to respond to an excessive noise report, as set forth in
paragraph (i)(1) of this section, if the railroad makes a good faith
effort to identify the cause of the reported noise, and where the
railroad is successful in determining the cause, if the railroad
repairs or replaces the items that cause the noise.
    (3)(i) The railroad shall maintain a written or electronic record
of any excessive noise report, inspection, test, maintenance,
replacement, or repair completed pursuant to paragraph (i) of this
section, and the date on which that inspection, test, maintenance,
replacement, or repair occurred. If the railroad elects to maintain an
electronic record, the railroad must satisfy the conditions listed in
Sec.  299.11.
    (ii) The railroad shall retain these records for a period of one
year.
    (iii) The railroad shall establish an internal, auditable,
monitorable system that contains these records.
    (j) Trainset sanitation facilities for employees. Sanitation
facilities shall be provided for crewmembers either:
    (1) On the trainset, that meet otherwise applicable sanitation
standards, which are accessible at frequent intervals during the course
of their work shift; or
    (2) Ready access to railroad-provided sanitation facilities outside
of the trainset.
    (k) Speed indicators. (1) Each trainset controlling cab shall be
equipped with a speed indicator which is--
    (i) Accurate within 2 km/h (1.24 miles per hour) for
speed lower than 30 km/h (18.6 miles per hour), then increasing
linearly up to 12 km/h (7.5 miles per hour) at 500 km/h
(311 miles per hour); and
    (ii) Clearly readable from the driver's normal position under all
light conditions.
    (2) The speed indicator shall be based on a system of independent
on-board speed measurement sources guaranteeing the accuracy level
specified in paragraph (a)(1) of this section under all operational
conditions. The system shall be automatically monitored for
inconsistencies and the driver shall be automatically notified of any
inconsistency potentially compromising this accuracy level.
    (3) The speed indicator shall be calibrated periodically as defined
in the railroad's inspection, testing, and maintenance program.
    (l) Cab lights. (1) Each trainset cab shall have cab lights which
will provide sufficient illumination for the control instruments,
meters, and gauges to enable the driver to make accurate readings from
his or her normal positions in the cab. These lights shall be located,
constructed, and maintained so that light shines only on those parts
requiring illumination and does not interfere with the driver's vision
of the track and signals. Each trainset cab shall also have a
conveniently located light that can be readily turned on and off by the
driver operating the trainset and that provides sufficient illumination
for them to read trainset orders and timetables.
    (2) Cab passageways and compartments shall be illuminated.

Sec.  299.433   Exterior lights.

    (a) Headlights. Each leading end of a trainset shall be equipped
with two or more headlights.
    (1) Each headlight shall produce 80,000 candela.
    (2) Headlights shall be arranged to illuminate signs in the right-
of-way.
    (3) Headlights shall be recognized 600 m (1,968 feet) ahead of the
cab car by a driver in another trainset or a maintenance person
standing in the right-of-way under clear weather conditions.
    (b) Taillights (marking devices). (1) The trailing end of the
trainset shall be equipped with two red taillights;
    (2) Each taillight shall be located at least 1.2 m (3.9 feet) above
rail;

    (3) Each taillight shall be recognizable 200 m (656 feet) ahead of
the cab car by a driver in another trainset or a maintenance person
standing in the right-of-way under clear weather conditions;
    (4) Taillights of the trailing end of the trainset shall be on when
the trainset is in operation;
    (5) Taillights shall not be on in the direction of trainset travel,
except if the driver shall re-position the trainset in a station. Such
re-positioning operations shall be done in accordance with the
railroad's operating rules; and
    (6) In an emergency situation, the headlight on the rear of the
trainset may serve as the taillights in accordance with the railroad's
operating rules.

Sec.  299.435   Electrical system design.

    (a) Overhead collector systems. (1) Pantographs shall be so
arranged that they can be operated from the driver's normal position in
the cab. Pantographs that automatically rise when released shall have
an automatic locking device to secure them in the down position.
    (2) Each overhead collector system, including the pantograph, shall
be equipped with a means to electrically ground any uninsulated parts
to prevent the risk of electrical shock when working on the system.
    (3) Means shall be provided to permit the driver to determine that
the pantograph is in its lowest position, and for securing the
pantograph if necessary, without the need to mount the roof of the
trainset.
    (4) Each trainset equipped with a pantograph operating on an
overhead collection system shall also be equipped with a means to
safely lower the pantograph in the event of an emergency. If an
emergency pole is used for this purpose, that part of the pole which
can be safely handled shall be marked to so indicate. This pole shall
be protected from moisture and damage when not in use. Means of
securement and electrical isolation of a damaged pantograph, when it
cannot be performed automatically, shall be addressed in the railroad's
operating rules.
    (b) Circuit protection. (1) Each auxiliary circuit shall be
provided with a circuit breaker or equivalent current-limiting devices
located as near as practicable to the point of connection to the source
of power for that circuit. Such protection may be omitted from circuits
controlling safety-critical devices.
    (2) The 25-kV main power line shall be protected with a lightning
arrestor, automatic circuit breaker, and overload relay. The lightning
arrestor shall be run by the most direct path possible to ground with a
connection to ground of not less than No. 6 AWG. These overload
protection devices shall be housed in an enclosure designed
specifically for that purpose with the arc chute vented directly to
outside air.
    (3) Auxiliary power supply (440 VAC), providing power distribution,
shall be provided with both overload and ground fault protection.
    (c) Main battery system. (1) The main batteries shall be isolated
from the cab and passenger seating areas by a non-combustible barrier.
    (2) If batteries have the potential to vent explosive gases, the
batteries shall be adequately ventilated to prevent accumulation of
explosive concentrations of these gases.
    (3) Battery chargers shall be designed to protect against
overcharging.
    (4) Battery circuits shall include an emergency battery cut-off
switch to completely disconnect the energy stored in the batteries from
the load.
    (d) Capacitors for high-energy storage. (1) Capacitors, if
provided, shall be isolated from the cab and passenger seating areas by
a non-combustible barrier.
    (2) Capacitors shall be designed to protect against overcharging
and overheating.
    (e) Electromagnetic interference (EMI) and electromagnetic
compatibility (EMC). (1) The railroad shall ensure electromagnetic
compatibility of the safety-critical equipment systems with their
environment. Electromagnetic compatibility can be achieved through
equipment design or changes to the operating environment.
    (2) The electronic equipment shall not produce electrical noise
that interferes with trainline control and communications or with
wayside signaling systems.
    (3) To contain electromagnetic interference emissions, suppression
of transients shall be at the source wherever possible.
    (4) Electrical and electronic systems of equipment shall be capable
of operation in the presence of external electromagnetic noise sources.
    (5) All electronic equipment shall be self-protected from damage or
improper operation, or both, due to high voltage transients and long-
term over-voltage or under-voltage conditions. This includes protection
from both power frequency and harmonic effects as well as protection
from radio frequency signals into the microwave frequency range.
    (f) Insulation or grounding of metal parts. All unguarded
noncurrent-carrying metal parts subject to becoming charged shall be
grounded or thoroughly insulated.
    (g) High voltage markings: doors, cover plates, or barriers.
External surfaces of all doors, cover plates, or barriers providing
direct access to high voltage equipment shall be conspicuously and
legibly marked ``DANGER-HIGH VOLTAGE'' or with the word ``DANGER'' and
the normal voltage carried by the parts so protected. Labels shall be
retro-reflective.
    (h) Hand-operated switches. All hand-operated switches carrying
currents with a potential of more than 150 volts that may be operated
while under load shall be covered and shall be operative from the
outside of the cover. Means shall be provided to show whether the
switches are open or closed. Switches that should not be operated while
under load shall be conspicuously and legibly marked with the words
``must not be operated under load'' and the voltage carried.
    (i) Conductors; jumpers; cable connections. (1) Conductor sizes
shall be selected on the basis of current-carrying capacity, mechanical
strength, temperature, flexibility requirements, and maximum allowable
voltage drop. Current-carrying capacity shall be derated for grouping
and for operating temperature.
    (2) Jumpers and cable connections between trainset units shall be
located and guarded to provide sufficient vertical clearance. They may
not hang with one end free.
    (3) Cable and jumper connections between trainset units may not
have any of the following conditions:
    (i) Broken or badly chafed insulation;
    (ii) Broken plugs, receptacles, terminals, or trainline pins; and
    (iii) Broken or protruding strands of wire.
    (j) Traction motors. All traction motors shall be in proper working
order, or safely cut-out.

Sec.  299.437   Automated monitoring.

    (a) Each trainset shall be equipped to monitor the performance of
the following systems or components:
    (1) Reception of cab and trainset control signals;
    (2) Electric brake status;
    (3) Friction brake status;
    (4) Fire detection systems, if so equipped;
    (5) Auxiliary power status;
    (6) Wheelslide;
    (7) On-board bearing-temperature sensors;
    (8) Door open/closed status; and
    (9) Bogie vibration detection.
    (b) When any of the monitored parameters are out of predetermined

limits, an alert shall be sent immediately to the driver. The
railroad's operating rules shall control trainset movement when the
monitored parameters are out of predetermined limits.
    (c) The railroad shall develop appropriate operating rules to
address driver and equipment performance in the event that the
automatic monitoring system becomes defective.
    (d) The monitoring system shall be designed with an automatic self-
test feature that notifies the driver that the monitoring capability is
functioning correctly and alerts the driver when a system failure
occurs.

Sec.  299.439   Event recorders.

    (a) Duty to equip and record. Each trainset shall be equipped with
an operative event recorder that monitors and records as a minimum all
safety data required by paragraph (b) of this section. The event
recorder shall record the most recent 48 hours of operational data of
the trainset on which it is installed.
    (b) Equipment requirements. Event recorders shall monitor and
record data elements or information needed to support the data elements
required by paragraph (c) of this section. The data shall be recorded
with at least the accuracy required of the indicators displaying any of
the required data elements to the driver.
    (c) Data elements. The event recorder shall be equipped with a
certified crashworthy event recorder memory module that meets the
requirements of appendix A to this part. The certified event recorder
memory module shall be mounted for its maximum protection. The event
recorder shall record, and the certified crashworthy event recorder
memory module shall retain, the following data elements or information
needed to support the data elements:
    (1) Trainset speed;
    (2) Selected direction of motion;
    (3) Date and time;
    (4) Distance traveled;
    (5) Throttle position;
    (6) Applications and operations of the trainset brake system,
including urgent and emergency applications. The system shall record,
or provide a means of determining, that a brake application or release
resulted from manipulation of brake controls at the position normally
occupied by the driver. In the case of a brake application or release
that is responsive to a command originating from or executed by an on-
board computer (e.g., electronic braking system controller, controlling
cab electronic control system, or trainset control computer), the
system shall record, or provide a means of determining, the involvement
of any such computer;
    (7) Applications and operations of the regenerative brake;
    (8) Cab signal aspect(s);
    (9) Urgent brake application(s);
    (10) Passenger brake alarm request;
    (11) Wheel slip/slide alarm activation (with a property-specific
minimum duration);
    (12) Trainset number;
    (13) Trainset tractive effort (positive and negative);
    (14) Trainset brake cylinder pressures;
    (15) Cruise control on/off, if so equipped and used;
    (16) Bogie vibration detection;
    (17) Door status opened/closed; and
    (18) Safety-critical trainset control data routed to the
controlling driver's display with which the driver is required to
comply, specifically including text messages conveying mandatory
directives and maximum authorized speed. The specific information
format, content, and proposed duration for retention of such data shall
be specified in the PTC Safety Plan submitted for the trainset control
system under subpart B, subject to FRA approval. If it can be
calibrated against other data required by this part, such trainset
control data may, at the election of the railroad, be retained in a
separate certified crashworthy memory module.
    (d) Response to defective equipment. A trainset on which the event
recorder has been taken out of service may remain in-service only until
the next pre-service inspection. A trainset with an inoperative event
recorder is not deemed to be in improper condition, unsafe to operate,
or a non-complying trainset under Sec.  299.447.
    (e) Annual tests. (1) The railroad's inspection, testing, and
maintenance program under subpart G of this part shall require annual
testing of the event recorder. All testing under this section shall be
performed at intervals that do not exceed 368 calendar days.
    (2) A microprocessor-based event recorder with a self-monitoring
feature equipped to verify that all data elements required by this part
are recorded, requires further maintenance and testing only if either
of the following conditions exist:
    (i) The self-monitoring feature displays an indication of a
failure. If a failure is displayed, further maintenance and testing
must be performed until a subsequent test is successful. When a
successful test is accomplished, a record, in any medium, shall be made
of that fact and of any maintenance work necessary to achieve the
successful result. This record shall be available at the location where
the trainset is maintained until a record of a subsequent successful
test is filed; or
    (ii) A download of the event recorder, taken within the preceding
30 days and reviewed for the previous 48 hours of trainset operation,
reveals a failure to record a regularly recurring data element or
reveals that any required data element is not representative of the
actual operations of the trainset during this time period. If the
review is not successful, further maintenance and testing shall be
performed until a subsequent test is successful. When a successful test
is accomplished, a record, in any medium, shall be made of that fact
and of any maintenance work necessary to achieve the successful result.
This record shall be kept at the location where the trainset is
maintained until a record of a subsequent successful test is filed. The
download shall be taken from information stored in the certified
crashworthy crash hardened event recorder memory module.
    (f) Preserving accident data. If any trainset equipped with an
event recorder, or any other trainset mounted recording device or
devices designed to record information concerning the functioning of a
trainset, is involved in an accident/incident that is required to be
reported to FRA under part 225 of this chapter, the railroad shall, to
the extent possible, and to the extent consistent with the safety of
life and property, preserve the data recorded by each such device for
analysis by FRA in accordance with Sec.  299.11. This preservation
requirement permits the railroad to extract and analyze such data,
provided the original downloaded data file, or an unanalyzed exact copy
of it, shall be retained in secure custody and shall not be utilized
for analysis or any other purpose except by direction of FRA or the
National Transportation Safety Board. This preservation requirement
shall expire one (1) year after the date of the accident/incident
unless FRA or the Board notifies the railroad in writing that the data
are desired for analysis.
    (g) Relationship to other laws. Nothing in this section is intended
to alter the legal authority of law enforcement officials investigating
potential violation(s) of Federal or State criminal law(s), and nothing
in this chapter is intended to alter in any way the priority of
National Transportation Safety Board investigations under 49 U.S.C.
1131 and 1134, nor the authority of the Secretary of Transportation to
investigate railroad accidents under 49 U.S.C. 5121, 5122, 20107,
20111, 20112, 20505, 20702, 20703, and 20902.

    (h) Disabling event recorders. Any individual who willfully
disables an event recorder, or who tampers with or alters the data
recorded by such a device is subject to civil penalty as provided in
part 218 of this chapter, and to disqualification from performing
safety-sensitive functions on a railroad under subpart D of part 209 of
this chapter.

Sec.  299.441   Trainset electronic hardware and software safety.

    (a) Purpose and scope. The requirements of this section apply to
all safety-critical electronic control systems, subsystems, and
components on the trainsets, except for on-board signaling and trainset
control system components that must meet the software safety
requirements defined in subpart B of this part.
    (b) Applicability. (1) The trainsets shall utilize the service-
proven safety-critical electronic control systems, subsystems, and
components as used on the N700 to control and monitor safety-critical
components.
    (2) Any modifications to the existing service-proven safety-
critical electronic control systems, subsystems, and components shall
be subject to the requirements defined in paragraph (c) of this
section.
    (i) The railroad shall assure that the suppliers of new or modified
safety-critical systems, subsystems, and components utilize an industry
recognized hardware and software development process which is evaluated
and certified by an independent third-party assessor authorized by the
industry standard utilized.
    (ii) The railroad shall require that all suppliers submit the
certifications and audit results as applicable. All such certifications
shall be made available to FRA upon request.
    (3) Any major upgrades or introduction of new safety-critical
technology shall be subject to Sec.  299.613(d).
    (c) Electronic hardware and software safety program. The railroad
shall develop and maintain a written electronic hardware and software
safety program to guide the design, development, testing, integration,
and verification of all new or modified safety-critical trainset
hardware and software.
    (1) Hardware and software safety program description. The hardware
and software safety program shall include a description of how the
following will be implemented to ensure safety and reliability:
    (i) The hardware and software design process;
    (ii) The hardware and software design documentation;
    (iii) The hardware and software hazard analysis;
    (iv) Hardware and software safety reviews;
    (v) Hardware and software hazard monitoring and tracking;
    (vi) Hardware and software integration safety testing;
    (vii) Demonstration of overall hardware and software system safety
as part of the pre-revenue service testing of the equipment; and
    (viii) Safety-critical changes and failures.
    (2) Safety analysis. The hardware and software safety program shall
be based on a formal safety methodology that includes a FMECA;
verification and validation testing for all hardware and software
components and their interfaces; and comprehensive hardware and
software integration testing to ensure that the hardware and software
system functions as intended.
    (3) Compliance. The railroad shall comply with the elements of its
hardware and software safety program that affect the safety of the
passenger trainset.
    (4) Safety-critical changes and failures. Whenever a planned
safety-critical design change is made to the safety-critical electronic
control systems, subsystems and components (the products) that are in
use by the railroad and subject to this subpart, the railroad shall--
    (i) Notify FRA in accordance with Sec.  299.9 of the design changes
made by the product supplier;
    (ii) Ensure that the safety analysis required under paragraph
(c)(2) of this section is updated as required;
    (iii) Conduct all safety-critical changes in a manner that allows
the change to be audited;
    (iv) Document all arrangements with suppliers for notification of
all electronic safety-critical changes as well as safety-critical
failures in the supplier's system, subsystem, or components, and the
reasons for that change or failure from the suppliers, whether or not
the railroad has experienced a failure of that safety-critical system,
sub-system, or component;
    (v) Specify the railroad's procedures for action upon receipt of
notification of a safety-critical change or failure of an electronic
system, sub-system, or component, and until the upgrade or revision has
been installed;
    (vi) Identify all configuration/revision control measures designed
to ensure that safety-functional requirements and safety-critical
hazard mitigation processes are not compromised as a result of any such
change, and that any such change can be audited;
    (vii) Require suppliers to provide notification of all electronic
safety-critical changes as well as safety-critical failures in the
supplier's system, subsystem, or components;
    (ix) Document all arrangements with suppliers for notification of
any and all electronic safety-critical changes as well as safety-
critical failures in the supplier's system, subsystem, or components.
    (d) Specific requirements. Hardware and software that controls or
monitors a trainset's primary braking system shall either--
    (1) Fail safely by initiating an emergency or urgent brake
application in the event of a hardware or software failure that could
impair the ability of the driver to apply or release the brakes; or
    (2) Provide the driver access to direct manual control of the
primary braking system (emergency or urgent braking).
    (e) Inspection, testing, and maintenance records. The inspection,
testing, and maintenance conducted by the railroad in accordance with
Sec.  299.445 shall be recorded in hardcopy or stored electronically.
Electronic recordkeeping or automated tracking systems, subject to the
provisions contained in Sec.  299.11, may be utilized to store and
maintain any testing or training record required by this subpart.
Results of product testing conducted by a vendor in support of a safety
analysis shall be provided to and recorded by the railroad.
    (1) The testing records shall contain all of the following:
    (i) The name of the railroad;
    (ii) The location and date that the test was conducted;
    (iii) The equipment tested;
    (iv) The results of tests;
    (v) The repairs or replacement of equipment;
    (vi) Any preventative adjustments made; and
    (vii) The condition in which the equipment is left.
    (2) Each record shall be--
    (i) Signed by the employee conducting the test, or electronically
coded, or identified by the automated test equipment number;
    (ii) Filed in the office of a supervisory official having
jurisdiction, unless otherwise noted; and
    (iii) Available for inspection and copying by FRA.
    (3) The results of the testing conducted in accordance with this
section shall be retained as follows:
    (i) The results of tests that pertain to installation or
modification of a product

shall be retained for the life-cycle of the product tested and may be
kept in any office designated by the railroad;
    (ii) The results of periodic tests required for the maintenance or
repair of the product tested shall be retained until the next record is
filed and in no case less than one year; and
    (iii) The results of all other tests and training shall be retained
until the next record is filed and in no case less than one year.
    (f) Review of safety analysis. (1) Prior to the initial planned use
of a new product as defined by paragraphs (b)(2) or (3) of this
section, the railroad shall notify FRA in accordance with Sec.  299.9
of the intent to place this product in service. The notification shall
provide a description of the product, and identify the location where
the complete safety analysis documentation and the testing are
maintained.
    (2) The railroad shall maintain and make available to FRA upon
request all railroad or vendor documentation used to demonstrate that
the product meets the safety requirements of the safety analysis for
the life-cycle of the product.
    (g) Hazard tracking. After a new product is placed in service in
accordance with paragraphs (b)(2) or (3) of this section, the railroad
shall maintain a database of all safety-relevant hazards encountered
with the product. The database shall include all hazards identified in
the safety analysis and those that had not been previously identified
in the safety analysis. If the frequency of the safety-relevant hazards
exceeds the threshold set forth in the safety analysis, then the
railroad shall--
    (1) Report the inconsistency to the Associate Administrator, within
15 days of discovery in accordance with Sec.  299.9;
    (2) Take immediate countermeasures to reduce the frequency of the
safety-relevant hazard(s) below the threshold set forth in the safety
analysis;
    (3) Provide a final report to the Associate Administrator, on the
results of the analysis and countermeasures taken to mitigate the
hazard to meet the threshold set forth in the safety analysis when the
problem is resolved. For hazards not identified in the safety analysis
the threshold shall be exceeded at one occurrence; and
    (4) Electronic or automated tracking systems used to meet the
requirements contained in paragraph (g) of this section shall be in
accordance with Sec.  299.11.
    (h) Operations and maintenance manual. The railroad shall maintain
all supplier or vendor documents pertaining to the operation,
installation, maintenance, repair, modification, inspection, and
testing of the safety-critical electronic control systems, subsystems
and components.
    (i) Training and qualification program. Under Sec.  299.13(c)(3),
the railroad shall establish and implement a training and qualification
program for the safety-critical electronic control systems, subsystems,
and components subject to subpart G of this part prior to the safety-
critical electronic control systems, subsystems, and components being
placed in use.
    (j) Operating personnel training. The training program required by
Sec.  299.13(c)(3) for any driver or other person who participates in
the operation of a trainset using the safety-critical electronic
control systems, subsystems and components shall address all the
following elements:
    (1) Familiarization with the electronic control system equipment
on-board the trainset and the functioning of that equipment as part of
the system and in relation to other on-board systems under that
person's control;
    (2) Any actions required of the operating personnel to enable or
enter data into the system and the role of that function in the safe
operation of the trainset;
    (3) Sequencing of interventions by the system, including
notification, enforcement, and recovery from the enforcement as
applicable;
    (4) Railroad operating rules applicable to control systems,
including provisions for movement and protection of any unequipped
passenger equipment, or passenger equipment with failed or cut-out
controls;
    (5) Means to detect deviations from proper functioning of on-board
electronic control system equipment and instructions explaining the
proper response to be taken regarding control of the trainset and
notification of designated railroad personnel; and
    (6) Information needed to prevent unintentional interference with
the proper functioning of on-board electronic control equipment.

Sec.  299.443   Safety appliances.

    (a) Couplers. (1) The leading and trailing ends of each trainset
shall be equipped with an automatic rescue coupler that couples on
impact.
    (i) Uncoupling of the rescue coupler shall be done only at a
trainset maintenance facility or other location where personnel can
safely get under or between units.
    (ii) The leading and the trailing ends of a trainset are not
required to be equipped with sill steps or end or side handholds.
    (2) The leading and trailing end couplers and uncoupling devices
may be stored within a removable shrouded housing.
    (3) Leading and trailing automatic couplers of trainsets shall be
compatible with the railroad's rescue vehicles. A coupler adaptor can
be used to meet this requirement.
    (4) The railroad shall develop and implement rescue procedures that
assure employee safety during rescue operations and shall be contained
in the railroad's operating rules.
    (5) Each unit within a trainset shall be semi-permanently coupled
and shall only be uncoupled at a trainset maintenance facility or other
locations identified by the railroad where the protections afforded in
subpart B of part 218 of this chapter can be applied.
    (6) The ends of units in a trainset that are semi-permanently
coupled are not required to be equipped with automatic couplers, sill
steps, end handholds or side handholds.
    (b) Crew access. (1) Each trainset shall provide a minimum of two
(2) locations per side, where crew members can board or disembark the
trainset safely from ground level.
    (2) Each location used for crew access shall be equipped with
retractable stairs with handrails designed for safe access to the
trainset from ground level.

Sec.  299.445   Trainset inspection, testing, and maintenance
requirements.

    (a) General. (1) The railroad shall develop a written inspection
program for the rolling stock, in accordance with and approved under
the requirements of Sec.  299.713. As further specified in this
section, the program shall describe in detail the procedures,
equipment, and other means necessary for the safe operation of the
passenger equipment, including all inspections set forth in paragraph
(e) of this section. This information shall include a detailed
description of the methods of ensuring accurate records of required
inspections.
    (2) The initial inspection, testing, and maintenance program
submitted under Sec.  299.713 shall, as a minimum, address the specific
safety inspections contained in paragraphs (e)(1) through (4) of this
section. The railroad may submit the procedures detailing the bogie
inspections or general overhaul requirements contained in paragraph
(e)(3) and (4) of this section, respectively, at a later date than the
initial inspection, testing, and maintenance program, but not less than
180 days prior to the scheduled date of the first bogie inspection or
general overhaul.
    (b) Identification of safety-critical items. In addition to safety
critical items identified under Sec.  299.711(b), on-board

emergency equipment, emergency back-up systems, trainset exits and
trainset safety-critical hardware and software systems in accordance
with Sec.  299.441 shall be deemed safety-critical.
    (c) Compliance. The railroad shall adopt and comply with the
approved inspection, testing, and maintenance program in accordance
with Sec.  299.703.
    (d) General condition. The inspection, testing, and maintenance
program shall ensure that all systems and components of the equipment
are free of conditions that endanger the safety of the crew,
passengers, or equipment. These conditions include, but are not limited
to the following:
    (1) A continuous accumulation of oil or grease;
    (2) Improper functioning of a component;
    (3) A crack, break, excessive wear, structural defect, or weakness
of a component;
    (4) A leak;
    (5) Use of a component or system under conditions that exceed those
for which the component or system is designed to operate; and
    (6) Insecure attachment of a component.
    (e) Specific safety inspections. The program under paragraph (a) of
this section shall specify that all passenger trainsets shall receive
thorough safety inspections by qualified individuals designated by the
railroad at regular intervals. At a minimum, and in addition to the
annual tests required for event recorder under Sec.  299.439(e), the
following shall be performed on each trainset:
    (1) Pre-service inspections. (i) Each trainset in use shall be
inspected at least once every two calendar days by qualified
individuals at a location where there is a repair pit and access to the
top of the trainset. The inspection shall verify the correct operation
of on-board safety systems defined in the inspection, testing, and
maintenance program. If any of the conditions defined as safety-
critical in paragraph (b) of this section and Sec.  299.711(b) are
found during this inspection, the trainset shall not be put into
service until that condition is rectified. The pre-service inspection
shall include the following:
    (A) Functional tests to determine the status of application and
release of the service, emergency, and urgent air brakes using the
monitoring system;
    (B) Operational tests of the exterior doors; and
    (C) A review of the log of on-board ATC equipment.
    (ii) If the existence of any safety-critical conditions cannot be
determined by use of an automated monitoring system, the railroad shall
perform a visual inspection to determine if the condition exists.
    (2) Regular inspections. The railroad shall perform a regular
inspection on all trainsets in accordance with the test procedures and
inspection criteria established in paragraph (a) of this section and at
the intervals defined by paragraph (f) of this section. If any of the
conditions defined as safety-critical in paragraph (b) of this section
and Sec.  299.711(b) are found during this inspection, the trainset
shall not be put into service until that condition is rectified.
    (3) Bogie inspections. The railroad shall perform a bogie
inspection on all trainsets in accordance with the test procedures and
inspection criteria established in paragraph (a) of this section and at
the intervals defined by paragraph (f) of this section. If any of the
conditions defined as safety-critical in paragraph (b) of this section
and Sec.  299.711(b) are found during this inspection, the trainset
shall not be put into service until that condition is rectified.
    (4) General overhaul. The railroad shall perform a general overhaul
on all trainsets in accordance with the test procedures and inspection
criteria established in paragraph (a) of this section and at the
intervals defined by paragraph (f) of this section. If any of the
conditions defined as safety-critical in paragraph (b) of this section
and Sec.  299.711(b) are found during this inspection, the trainset
shall not be put into service until that condition is rectified.
    (f) Maintenance intervals. The railroad's program established
pursuant to paragraph (a) of this section shall include the railroad's
scheduled maintenance intervals for all specific safety inspections in
paragraph (e) of this section, as required by Sec.  299.707.
    (g) Training and qualification program. The railroad shall
establish a training and qualification program as defined in Sec.
299.13(c)(3) to qualify individuals to perform inspections, testing,
and maintenance on the equipment. Only qualified individuals shall
perform inspections, testing, and maintenance of the equipment.
    (h) Reporting and tracking of repairs to defective trainsets. The
railroad shall have in place prior to start of operations a reporting
and tracking system for passenger trainsets with a defect not in
conformance with this subpart. The reporting and tracking system shall
record the following information:
    (1) The identification number of the defective unit within a
trainset, and trainset identification number;
    (2) The date the defect was discovered;
    (3) The nature of the defect;
    (4) The determination made by a qualified individual whether the
equipment is safe to run;
    (5) The name of the qualified individual making such a
determination;
    (6) Any operating restrictions placed on the equipment; and
    (7) Repairs made and the date that they were completed.
    (i) Retention of records. At a minimum, the railroad shall keep the
records described in paragraph (j) of each required inspection under
this section in accordance with Sec.  299.11. Each record shall be
maintained for at least one year from the date of the inspection.
    (j) Availability of records. The railroad shall make defect
reporting and tracking records available to FRA upon request.
    (k) Brake system repair points. The railroad shall designate brake
system repair points in the inspection, testing, and maintenance
program required by paragraph (a) of this section. No trainset shall
depart a brake system repair point unless that trainset has a 100
percent operational brake system.

Sec.  299.447   Movement of defective equipment.

    (a) A trainset with one or more conditions not in compliance with
the list of safety critical defects identified in accordance with Sec.
299.445(b) during a pre-service inspection required by Sec.
299.445(e)(1) shall not be moved in revenue service and shall only be
moved in accordance with paragraph (e) of this section.
    (b) Except as provided in paragraph (c) of this section, and after
departure in compliance with the pre-service inspection required by
Sec.  299.445(e)(1), a trainset with one or more conditions not in
compliance with the list of safety critical defects identified in
accordance with Sec. Sec.  299.445(b) and 299.711(b) may be moved in
revenue service only after the railroad has complied with all of the
following:
    (1) A qualified individual determines that it is safe to move the
trainset, consistent with the railroad's operating rules;
    (i) If appropriate, these determinations may be made based upon a
description of the defective condition provided by a crewmember.
    (ii) If the determinations required by this paragraph are made by
an off-site qualified individual based on a description of the
defective condition by on-site personnel, then a qualified individual
shall perform a physical

inspection of the defective equipment, at the first location possible,
in accordance with the railroad's inspection, testing, and maintenance
program and operating rules, to verify the description of the defect
provided by the on-site personnel.
    (2) The qualified individual who made the determination in
paragraph (b)(1) of this section, notifies the driver in charge of
movement of the trainset, in accordance with the railroad's operating
rules, of the maximum authorized speed, authorized destination, and any
other operational restrictions that apply to the movement of the non-
compliant trainset. This notification may be achieved through the tag
required by paragraph (b)(3) of this section; and
    (3) A tag bearing the words ``non-complying trainset'' and
containing the following information, are securely attached to the
control stand on each control cab of the trainset:
    (i) The trainset number and unit or car number;
    (ii) The name of the qualified individual making the determination
in paragraph (b)(1) of this section;
    (iii) The location and date of the inspection that led to the
discovery of the non-compliant item;
    (iv) A description of each defect;
    (v) Movement restrictions, if any;
    (vi) The authorized destination of the trainset; and
    (vii) The signature, if possible, as well as the job title and
location of the person making the determinations required by this
section.
    (4) Automated tracking systems used to meet the tagging
requirements contained in paragraph (b)(3) of this section may be
reviewed and monitored by FRA at any time to ensure the integrity of
the system. FRA's Associate Administrator may prohibit or revoke the
railroad's ability to utilize an automated tracking system in lieu of
tagging if FRA finds that the automated tracking system is not properly
secure, is inaccessible to FRA or the railroad's employees, or fails to
track or monitor the movement of defective equipment adequately. Such a
determination will be made in writing and will state the basis for such
action.
    (c) A trainset that develops a non-complying condition in service
may continue in revenue service, so long as the requirements of
paragraph (b) of this section are otherwise fully met, until the next
pre-service inspection.
    (d) In the event of an in-service failure of the braking system,
the trainset may proceed in accordance with the railroad's operating
rules relating to the percentage of operative brakes and at a speed no
greater than the maximum authorized speed as determined by Sec.
299.409(f)(4) so long as the requirements of paragraph (b) of this
section are otherwise fully met, until the next pre-service inspection.
    (e) A non-complying trainset may be moved without passengers within
a trainset maintenance facility, at speeds not to exceed 16 km/h (10
mph), without meeting the requirements of paragraph (a) of this section
where the movement is solely for the purpose of repair. The railroad
shall ensure that the movement is made safely.
    (f) Nothing in this section authorizes the movement of equipment
subject to a Special Notice for Repair under part 216 of this chapter
unless the movement is made in accordance with the restrictions
contained in the Special Notice.

Subpart E--Operating Rules

Sec.  299.501   Purpose.

    Through the requirements of this subpart, FRA learns the condition
of the operating rules and practices in use by the railroad. The rules
and practices covered by this subpart include the procedures for
instruction and testing of all employees involved with the movement of
rail vehicles, including drivers, on-board attendants, station platform
attendants, general control center staff, and all maintenance staff,
which are necessary to ensure that they possess the requisite skill and
knowledge of the rules and operating practices to maintain the safety
of the system.

Sec.  299.503   Operating rules; filing and recordkeeping.

    (a) Prior to commencing operations, the railroad shall develop a
code of operating rules, timetables, and timetable special
instructions. The initial code of operating rules, timetables, and
timetable special instructions shall be based on practices and
procedures proven on the Tokaido Shinkansen system.
    (b) The railroad shall keep one copy of its current code of
operating rules, timetables, timetable special instruction, at its
system headquarters, and shall make them available to FRA for
inspection and copying during normal business hours. If the railroad
elects to maintain an electronic record, the railroad must satisfy the
conditions listed in Sec.  299.11.

Sec.  299.505   Programs of operational tests and inspections;
recordkeeping.

    (a) Requirement to conduct operational tests and inspections. The
railroad shall periodically conduct operational tests and inspections
to determine the extent of employee knowledge, application, and
compliance with its code of operating rules, timetables, and timetable
special instructions in accordance with a written program retained at
its system headquarters.
    (b) Railroad and railroad testing officer responsibilities. (1)
Each railroad officer who conducts operational tests and inspections
(railroad testing officer) shall--
    (i) Be qualified on the railroad's operating rules in accordance
with Sec.  299.507;
    (ii) Be qualified on the operational testing and inspection program
requirements and procedures relevant to the testing and inspections the
officer will conduct;
    (iii) Receive appropriate field training, as necessary to achieve
proficiency, on each operational test or inspection that the officer is
authorized to conduct; and
    (iv) Conduct operational tests and inspections in accordance with
the railroad's program of operational tests and inspections.
    (2) The railroad shall maintain a record documenting qualification
of each railroad testing officer. The record shall be retained by the
railroad and shall be made available to representatives of the FRA for
inspection and copying during normal business hours. If the railroad
elects to maintain an electronic record, the railroad must satisfy the
conditions listed in Sec.  299.11.
    (c) Written program of operational tests and inspections. Within 30
days of commencing operations, the railroad shall have a written
program of operational tests and inspections in effect. The railroad
shall maintain one copy of its current program for periodic performance
of the operational tests and inspections required by paragraph (a) of
this section, and shall maintain one copy of each subsequent amendment
to the program as amendments are made. These records shall be retained
at the system headquarters of the railroad for three calendar years
after the end of the calendar year to which they relate. These records
shall be made available to representatives of the FRA for inspection
and copying during normal business hours. The program shall--
    (1) Provide for operational testing and inspection under the
various operating conditions on the railroad;
    (2) Describe each type of operational test and inspection adopted,
including the means and procedures used to carry it out;
    (3) State the purpose of each type of operational test and
inspection;

    (4) State the frequency with which each type of operational test
and inspection is conducted;
    (5) The program shall address with particular emphasis those
operating rules that cause or are likely to cause the most accidents or
incidents, such as those accidents or incidents identified in the six-
month reviews and the annual summaries as required under paragraphs (e)
and (f) of this section;
    (6) Identify the officer(s) by name and job title responsible for
ensuring that the program of operational tests and inspections is
properly implemented and is responsible for overseeing the entire
program. The responsibilities of such officer(s) shall include, but not
be limited to, ensuring that the railroad's testing officers are
directing their efforts in an appropriate manner to reduce accidents/
incidents and that all required reviews and summaries are completed;
and
    (7) Include a schedule for making the program fully operative
within 210 days after it begins.
    (d) Records. (1) The railroad shall keep a written or electronic
record of the date, time, place, and result of each operational test
and inspection that was performed in accordance with its program. Each
record shall specify the officer administering the test and inspection
and each employee tested. These records shall be retained at the system
headquarters of the railroad for one calendar year after the end of the
calendar year to which they relate. These records shall be made
available to representatives of the FRA for inspection and copying
during normal business hours.
    (2) The railroad shall retain one copy of its current program for
periodic performance of the operational tests and inspections required
by paragraph (a) of this section and one copy of each subsequent
amendment to such program. These records shall be retained for three
calendar years after the end of the calendar year to which they relate
at the system headquarters where the tests and inspections are
conducted. These records shall be made available to representatives of
the FRA for inspection and copying during normal business hours.
    (e) Reviews of tests and inspections and adjustments to the program
of operational tests--(1) Reviews by the railroad. Not less than once
every 180 days the railroad's designated officer(s) shall conduct
periodic reviews and analyses as provided in this paragraph and shall
retain, at its system headquarters, one copy of the reviews. Each such
review shall be completed within 30 days of the close of the period.
The designated officer(s) shall conduct a written review of--
    (i) The operational testing and inspection data for the system to
determine compliance by the railroad testing officers with its program
of operational tests and inspections required by paragraph (c) of this
section. At a minimum, this review shall include the name of each
railroad testing officer, the number of tests and inspections conducted
by each officer, and whether the officer conducted the minimum number
of each type of test or inspection required by the railroad's program;
    (ii) Accident/incident data, the results of prior operational tests
and inspections, and other pertinent safety data for the system to
identify the relevant operating rules related to those accidents/
incidents that occurred during the period. Based upon the results of
that review, the designated officer(s) shall make any necessary
adjustments to the tests and inspections required of railroad officers
for the subsequent period(s); and
    (iii) Implementation of the program of operational tests and
inspections from a system perspective, to ensure that it is being
utilized as intended, that the other reviews provided for in this
paragraph have been properly completed, that appropriate adjustments
have been made to the distribution of tests and inspections required,
and that the railroad testing officers are appropriately directing
their efforts.
    (2) Records retention. The records of reviews required in
paragraphs (e)(1) of this section shall be retained for a period of one
year after the end of the calendar year to which they relate and shall
be made available to representatives of FRA for inspection and copying
during normal business hours.
    (f) Annual summary on operational tests and inspections. Before
March 1 of each calendar year, the railroad shall retain, at its system
headquarters, one copy of a written summary of the following with
respect to its previous year's activities: The number, type, and result
of each operational test and inspection that was conducted as required
by paragraphs (a) and (c) of this section. These records shall be
retained for three calendar years after the end of the calendar year to
which they relate and shall be made available to representatives of FRA
for inspection and copying during normal business hours.
    (g) Electronic recordkeeping. Nothing in this section precludes the
railroad from maintaining the information required to be retained under
this part in an electronic format provided that the railroad satisfy
the conditions listed in Sec.  299.11.
    (h) Disapproval of program. Upon review of the program of
operational tests and inspections required by this section, the
Associate Administrator for Safety may, for cause stated, disapprove
the program in whole or in part. Notification of such disapproval shall
be made in writing and specify the basis for the disapproval decision.
If the Associate Administrator for Safety disapproves the program--
    (1) The railroad has 35 days from the date of the written
notification of such disapproval to--
    (i) Amend its program; or
    (ii) Provide a written response in support of the program to the
Associate Administrator for Safety. If the Associate Administrator for
Safety still disapproves the program in whole or in part after
receiving the railroad's written response, the railroad shall amend its
program.
    (2) A failure to adequately amend the program will be considered a
failure to implement a program under this subpart.

Sec.  299.507   Program of instruction on operating rules;
recordkeeping.

    (a) To ensure that each railroad employee whose activities are
governed by the railroad's operating rules understands those rules, the
railroad periodically shall instruct each such employee on the meaning
and application of its operating rules with a written program developed
under Sec.  299.13(c)(3) and retained at its system headquarters.
    (b) Prior to commencing operations, the railroad shall file and
retain one copy of its current program for the periodic instruction of
its employees as required by paragraph (a) of this section and shall
file and retain one copy of any amendment to that program as amendments
are made. These records shall be retained at the railroad's system
headquarters for one calendar year after the end of the calendar year
to which they relate. These records shall be made available to
representatives of the FRA for inspection and copying during normal
business hours. This program shall--
    (1) Describe the means and procedures used for instruction of the
various classes of affected employees;
    (2) State the frequency of instruction and the basis for
determining that frequency;
    (3) Include a schedule for completing the initial instruction of
employees who are already employed when the program begins;

    (4) Begin on the date of commencing operations; and
    (5) Provide for initial instruction of each employee hired after
the program begins.
    (c) The railroad is authorized to retain by electronic
recordkeeping its program for periodic instruction of its employees on
operating rules, provided that the requirements stated in Sec.  299.11
are satisfied.

Subpart F--System Qualification Tests

Sec.  299.601   Responsibility for verification demonstrations and
tests.

    The railroad shall comply with the pre-revenue qualification tests
and verification requirements set forth in this subpart to demonstrate
the overall safety of the system, prior to revenue operations.

Sec.  299.603   Preparation of system-wide qualification test plan.

    (a) Prior to execution of any tests as defined in this subpart, the
railroad shall develop a system-wide qualification test plan, that
identifies the tests that will be carried out, to demonstrate the
operability of all system elements, including track and infrastructure,
signal and trainset control system, communications, rolling stock,
software, and operating practices, and the system as a whole.
    (b) The system-wide qualification test plan shall be submitted to
FRA in accordance with Sec.  299.9 for review at least 180 days prior
to testing. FRA shall notify the railroad, in writing, within 45 days
of receipt of the railroad's submission, and identify any deficiencies
in the test plan. FRA will notify the railroad of any procedures to be
submitted for review. The plan shall include the following:
    (1) A list of all tests to be conducted;
    (2) A summary statement of the test objectives;
    (3) A planned schedule for conducting the tests which indicates the
sequence of testing and interdependencies; and
    (4) The approach taken for--
    (i) Verifying results of installation tests performed by
contractors and manufacturers;
    (ii) Functional and performance qualification testing of individual
safety-related equipment, facilities, and subsystems in accordance with
Sec.  299.605;
    (iii) Pre-revenue service system integration testing of the system
per Sec.  299.607, that includes vehicle/track system qualification
testing per Sec.  299.609;
    (iv) Simulated revenue operations of the system per Sec.  299.611;
    (v) Compliance with operating rules as per subpart E of this part;
    (vi) Training and qualification of all personnel involved in the
test program to conduct tests safely and in accordance with operating
rules;
    (vii) Verification of all emergency preparedness procedures; and
    (viii) Field testing of the railroad's uncertified PTC system and
regression testing of its FRA-certified PTC system, under Sec.
299.201.
    (c) The railroad shall adopt and comply with the system-wide
qualification test plan, including completion of all tests required by
the plan.
    (d) After FRA review of the system-wide test plan, detailed test
procedures as required by paragraph (b) of this section shall be
submitted 15 days prior to testing to FRA in accordance with Sec.
299.9 for review.
    (e) Each test procedure shall include the following elements:
    (1) A clear statement of the test objectives. One of the principal
test objectives shall be to demonstrate that the railroad's system
meets the safety design and performance requirements specified in this
part when operated in the environment in which it will be used;
    (2) Any special safety precautions to be observed during the
testing;
    (3) A description of the railroad property or facilities to be used
to conduct the tests;
    (4) Prerequisites for conducting each test;
    (5) A detailed description of how the tests are to be conducted.
This description shall include--
    (i) An identification of the systems and equipment to be tested;
    (ii) The method by which the systems and equipment shall be tested;
    (iii) The instrumentation to be used and calibration procedures;
    (iv) The means by which the test results will be recorded, analyzed
and reported to FRA;
    (v) A description of the information or data to be obtained;
    (vi) A description of how the information or data obtained is to be
analyzed or used;
    (vii) A description of any criteria to be used as safety limits
during the testing;
    (viii) The criteria to be used to evaluate performance of the
systems and equipment. If system qualification is to be based on
extrapolation of less than full-level testing results, the analysis
done to justify the validity of the extrapolation shall be described;
and
    (ix) Inspection, testing, and maintenance procedures to be followed
to ensure that testing is conducted safely.
    (f) The railroad shall provide FRA notice at least 30 days in
advance of the times and places of any domestic testing and notice at
least 90 days in advance for testing not conducted domestically to
permit FRA observation of such tests.

Sec.  299.605   Functional and performance qualification tests.

    The railroad shall conduct functional and performance qualification
tests, prior to commencing revenue operations, to verify that all
safety-critical components meet all functional and all performance
specifications.

Sec.  299.607   Pre-revenue service system integration testing.

    (a) Prior to commencing revenue operations, the railroad shall
conduct tests of the trainsets throughout the system to--
    (1) Verify mechanical positioning of the overhead catenary system;
and
    (2) Verify performance of the trainset, track, and signal and
trainset control systems.
    (b) The railroad shall demonstrate safe operation of the system
during normal and degraded-mode operating conditions. At a minimum, the
following operation tests shall be performed:
    (1) Slow-speed operation of a trainset;
    (2) Verification of correct overhead catenary and pantograph
interaction;
    (3) Verification of trainset clearance at structures and passenger
platforms;
    (4) Incremental increase of trainset speed;
    (5) Performance tests on trainsets to verify braking rates in
accordance with Sec.  299.409;
    (6) Verification of vehicle noise;
    (7) Verification of correct vehicle suspension characteristics;
    (8) Vehicle/track system qualification as defined in Sec.  299.609;
    (9) Load tests with vehicles to verify relay settings and signal
and communication system immunization;
    (10) Monitoring of utility supply circuits and telephone circuits
to ensure the adequacy of power supplies, and to verify that transient-
related disturbances are within acceptable limits;
    (11) Verification of vehicle detection due to shunting of signal
system circuits;
    (12) Verification of safe operation of the signal and trainset
control system as required by subpart B of this part;
    (13) Tests of trainset radio reception during system-wide vehicle
operation; and
    (14) Verification of electromagnetic interference/electromagnetic
compatibility between various subsystems.

Sec.  299.609   Vehicle/track system qualification.

    (a) General. All vehicles types intended to operate in revenue
service shall be qualified for operation in accordance with this
subpart. A qualification program shall be used to demonstrate that the
vehicle/track system will not exceed the wheel/rail force safety
limits, and the carbody and bogie acceleration criteria specified in
paragraph (h) of this section--
    (1) At any speed up to and including 10 km/h (6 mph) above the
proposed maximum operating speed; and
    (2) On track meeting the requirements for the class of track
associated with the proposed maximum operating speed as defined in
Sec.  299.309. For purposes of qualification testing, speeds may exceed
the maximum allowable operating speed for the class of track in
accordance with the test plan approved by FRA.
    (b) New vehicle/track system qualification. Vehicle types not
previously qualified under this subpart shall be qualified in
accordance with the requirements of this paragraph (b).
    (1) Carbody acceleration. For vehicle types intended to operate in
revenue service at track class H4 speeds or above, qualification
testing conducted over a representative segment of the route shall
demonstrate that the vehicle type will not exceed the carbody lateral
and vertical acceleration safety limits specified in paragraph (h) of
this section.
    (2) Bogie lateral acceleration. For vehicle types intended to
operate at track class H4 speeds or above, qualification testing
conducted over a representative segment of the route shall demonstrate
that the vehicle type will not exceed the bogie lateral acceleration
safety limit specified in paragraph (h) of this section.
    (3) Measurement of wheel/rail forces. For vehicle types intended to
operate at track class H4 speeds or above, qualification testing
conducted over a representative segment of the route shall demonstrate
that the vehicle type will not exceed the wheel/rail force safety
limits specified in paragraph (h) of this section.
    (c) Previously qualified vehicle/track system. Vehicle/track
systems previously qualified under this subpart for a track class and
cant deficiency on one route may be qualified for operation at the same
class and cant deficiency on another route through testing to
demonstrate compliance with paragraph (a) of this section in accordance
with the following:
    (1) Carbody acceleration. For vehicle types intended to operate at
track class H4 speeds and above, qualification testing conducted over a
representative segment of the new route shall demonstrate that the
vehicle type will not exceed the carbody lateral and vertical
acceleration safety limits specified in paragraph (h) of this section.
    (2) Bogie lateral acceleration. For vehicle types intended to
operate at track class H4 speeds or above, measurement of bogie lateral
acceleration during qualification testing shall demonstrate that the
vehicle type will not exceed the bogie lateral acceleration safety
limit specified in paragraph (h) of this section. Measurement of bogie
lateral acceleration, if conducted, shall be performed over a
representative segment of the new route.
    (d) Vehicle/track system qualification testing plan. To obtain the
data required to support the qualification program outlined in
paragraphs (b) and (c) of this section, the railroad shall submit a
qualification testing plan as required by Sec.  299.603(b) at least 60
days prior to testing, requesting approval to conduct the testing at
the desired speeds and cant deficiencies. This test plan shall provide
for a test program sufficient to evaluate the operating limits of the
track and vehicle type and shall include--
    (1) Identification of the representative segment of the route for
qualification testing;
    (2) Consideration of the operating environment during qualification
testing, including operating practices and conditions, the signal
system, and trainset on adjacent tracks;
    (3) The maximum angle found on the gauge face of the designed
(newly-profiled) wheel flange referenced with respect to the axis of
the wheelset that will be used for the determination of the Single
Wheel L/V Ratio safety limit specified in paragraph (h) of this
section; and
    (4) A target maximum testing speed in accordance with paragraph (a)
of this section and the maximum testing cant deficiency.
    (e) Qualification testing. Upon FRA approval of the vehicle/track
system qualification testing plan, qualification testing shall be
conducted in two sequential stages as required in this subpart.
    (1) Stage-one testing shall include demonstration of acceptable
vehicle dynamic response of the subject vehicle as speeds are
incrementally increased--
    (i) On a segment of tangent track, from acceptable track class H4
speeds to the target maximum test speed; and
    (ii) On a segment of curved track, from the speeds corresponding to