49 CFR Part 239 — Passenger Train Emergency Preparedness

PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS Authority: 49 U.S.C. 20102-20103, 20105-20114, 20133, 21301, 21304, and 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. Source: 63 FR 24676, May 4, 1998, unless otherwise noted. Subpart A—General § 239.1 Purpose and scope. (a) The purpose of this part is to reduce the magnitude and severity of casualties in railroad operations by ensuring that railroads involved in passenger train operations can effectively and efficiently manage passenger train emergencies. (b) This part prescribes minimum Federal safety standards for the preparation, adoption, and implementation of emergency preparedness plans by railroads connected with the operation of passenger trains, and requires each affected railroad to instruct its employees on the provisions of its plan. This part does not restrict railroads from adopting and enforcing additional or more stringent requirements not inconsistent with this part. § 239.3 Application. (a) Except as provided in paragraph (b) of this section, this part applies to all: (1) Railroads that operate intercity or commuter passenger train service on standard gage track which is part of the general railroad system of transportation; (2) Railroads that provide commuter or other short-haul rail passenger train service in a metropolitan or suburban area (as described by 49 U.S.C. 20102(1)), including public authorities operating passenger train service; and (3) Passenger or freight railroads hosting the operation of passenger train service described in paragraph (a)(1) or (a)(2) of this section. (b) This part does not (1) Rapid transit operations in an urban area that are not connected with the general railroad system of transportation; (2) Operation of private cars, including business/office cars and circus trains; or (3) Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system. § 239.5 [Reserved] § 239.7 Definitions. As used in this part— Adjacent rail modes of transportation Administrator Control center Crewmember (1) On-board functions connected with the movement of the train ( i.e., (2) On-board functions in a sleeping car or coach assigned to intercity service, other than food, beverage, or security service. Division headquarters Emergency or emergency situation (1) A derailment; (2) A fatality at a grade crossing; (3) A passenger or employee fatality, or a serious illness or injury to one or more passengers or crewmembers requiring admission to a hospital; (4) An evacuation of a passenger train; and (5) A security situation (e.g., a bomb threat). Emergency preparedness plan Emergency responder, on-line emergency responder, or outside emergency responder Emergency response communications center emergency response communications center Emergency window FRA Joint operations (1) Contractual arrangements between the railroads; (2) Order of a governmental agency or a court of law; or (3) Any other legally binding directive. Passenger train service Person Private car Qualified Railroad (1) Any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including— (i) Commuter or other short-haul rail passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979, and (ii) High speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation and (2) A person that provides railroad transportation, whether directly or by contracting out operation of the railroad to another person. Railroad officer System headquarters [63 FR 24676, May 4, 1998, as amended at 79 FR 18147, Mar. 31, 2014; 90 FR 28127, July 1, 2025] § 239.9 Responsibility for compliance. Although the requirements of this part are stated in terms of the duty of a railroad, when any person, including a contractor to a railroad, performs any function required by this part, that person (whether or not a railroad) shall perform that function in accordance with this part. § 239.11 Penalties. (a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) Each day a violation continues shall constitute a separate offense. Any person who knowingly and willfully falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311. FRA's website at https://railroads.dot.gov/ [90 FR 28189, July 1, 2025] § 239.13 Waivers. (a) Any person subject to a requirement of this part may petition the Administrator for a waiver of compliance with such requirement. The filing of such a petition does not affect that person's responsibility for compliance with that requirement while the petition is being considered. (b) Each petition for waiver must be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad safety, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary. Subpart B—Specific Requirements § 239.101 Emergency preparedness plan. (a) Each railroad to which this part applies shall adopt and comply with a written emergency preparedness plan approved by FRA under the procedures of § 239.201. The plan shall include the following elements and procedures for implementing each plan element. (1) Communication Initial and on-board notification. (ii) Notification by control center or emergency response communications center. (2) Employee training and qualification On-board personnel. (A) Rail equipment familiarization; (B) Situational awareness; (C) Passenger evacuation; (D) Coordination of functions; and (E) “Hands-on” instruction concerning the location, function, and operation of on-board emergency equipment. (ii) Control center and emergency response communications center personnel. (A) Territory familiarization ( e.g., e.g., e.g., (B) Procedures to retrieve and communicate information to aid emergency personnel in responding to an emergency situation; (C) Protocols governing internal communications between appropriate control center and emergency response communications center personnel whenever an imminent potential or actual emergency situation exists, as applicable under the plan; and (D) Protocols for establishing and maintaining external communications between the railroad's control center or emergency response communications center, or both, and emergency responders and adjacent modes of transportation, as applicable under the plan. (iii) Initial training schedule for current personnel. (A) For each railroad that provides commuter or other short-haul passenger train service and whose operations include less than 150 route miles and less than 200 million passenger miles annually, not more than one year after January 29, 1999, or not more than 90 days after commencing passenger operations, whichever is later. (B) For each railroad that provides commuter or other short-haul passenger train service and whose operations include at least 150 route miles or at least 200 million passenger miles annually, not more than two years after January 29, 1999, or not more than 180 days after commencing passenger operations, whichever is later. (C) For each railroad that provides intercity passenger train service, regardless of the number of route miles or passenger miles, not more than two years after January 29, 1999, or not more than 180 days after commencing passenger operations, whichever is later. (D) For each freight railroad that hosts passenger train service, regardless of the number of route miles or passenger miles of that service, not more than one year after January 29, 1999, or not more than 90 days after the hosting begins, whichever is later. (iv) Initial training schedule for new personnel. (v) Testing of on-board, control center, and emergency response communications center personnel. (A) Designed to accurately measure the individual's knowledge of his or her responsibilities under the plan; (B) Objective in nature; (C) Administered in written form; and (D) Conducted without reference by the person being tested to open reference books or other materials, except to the degree the person is being tested on his or her ability to use such reference books or materials. (vi) On-board staffing. (B) A freight train crew relieving an expired passenger train crew en route is not required to be qualified under the emergency preparedness plan, provided that at least one member of the expired passenger train crew remains on board and is available to perform excess service under the Federal hours of service laws in the event of an emergency. (3) Joint operations. (ii) In order to achieve an optimum level of emergency preparedness, each railroad hosting passenger train service shall communicate with each railroad that provides or operates such service and coordinate applicable portions of the emergency preparedness plan. All of the railroads involved in hosting, providing, and operating a passenger train service operation shall jointly adopt one emergency preparedness plan that addresses each entity's specific responsibilities consistent with this part. Nothing in this paragraph shall restrict the ability of the railroads to provide for an appropriate assignment of responsibility for compliance with this part among those railroads through a joint operating agreement or other binding contract. However, the assignor shall not be relieved of responsibility for compliance with this part. (4) Special circumstances Tunnels. (ii) Other operating considerations. (iii) Parallel operations. (5) Liaison with emergency responders. (i) Developing and making available a training program for all on-line emergency responders who could reasonably be expected to respond during an emergency situation. The training program shall include an emphasis on access to railroad equipment, location of railroad facilities, and communications interface, and provide information to emergency responders who may not have the opportunity to participate in an emergency simulation. Each affected railroad shall either offer the training directly or provide the program information and materials to state training institutes, firefighter organizations, or police academies; (ii) Inviting emergency responders to participate in emergency simulations; and (iii) Distributing applicable portions of its current emergency preparedness plan at least once every three years, or whenever the railroad materially changes its plan in a manner that could reasonably be expected to affect the railroad's interface with the on-line emergency responders, whichever occurs earlier, including documentation concerning the railroad's equipment and the physical characteristics of its line, necessary maps, and the position titles and telephone numbers of relevant railroad officers to contact. (6) On-board emergency equipment General. (A) One fire extinguisher per passenger car; (B) One pry bar per passenger car; and (C) One flashlight per on-board crewmember. (ii) Effective May 4, 1999, or not more than 120 days after commencing passenger operations, whichever is later, each railroad that provides intercity passenger train service shall also equip each passenger train that is in service with at least one first-aid kit accessible to crewmembers that contains, at a minimum: (A) Two small gauze pads (at least 4 × 4 inches); (B) Two large gauze pads (at least 8 × 10 inches); (C) Two adhesive bandages; (D) Two triangular bandages; (E) One package of gauge roller bandage that is at least two inches wide; (F) Wound cleaning agent, such as sealed moistened towelettes; (G) One pair of scissors; (H) One set of tweezers; (I) One roll of adhesive tape; (J) Two pairs of latex gloves; and (K) One resuscitation mask. (iii) On-board emergency lighting. (A) Brilliant illumination during the first 15 minutes after the onset of an emergency situation; and (B) Continuous or intermittent illumination during the next 60 minutes after the onset of an emergency situation. (iv) Maintenance. (7) Passenger safety information General. (ii) Passenger awareness program activities. (A) On-board announcements; (B) Laminated wallet cards; (C) Ticket envelopes; (D) Timetables; (E) Station signs or video monitors; (F) Public service announcements; or (G) Seat drops. (8) Procedures regarding passengers with disabilities. (b) [Reserved] [63 FR 24676, May 4, 1998, as amended at 79 FR 18147, Mar. 31, 2014] § 239.103 Passenger train emergency simulations. (a) General. (b) Frequency of the emergency simulations. (1) Each railroad that provides commuter or other short-haul passenger train service and whose operations include less than 150 route miles and less than 200 million passenger miles annually, shall conduct a minimum of one full-scale emergency simulation during every two calendar years. (2) Each railroad that provides commuter or other short-haul passenger train service and whose operations include at least 150 route miles or at least 200 million passenger miles annually, shall conduct a minimum of one full-scale emergency simulation during each calendar year. (3) Each railroad that provides intercity passenger train service, shall conduct a minimum of one full-scale emergency simulation during each calendar year, regardless of the number of route miles or passenger miles. (c) Actual emergency situations. (d) Definition. major emergency § 239.105 Debriefing and critique. (a) General. (1) In person; (2) Offsite via teleconference; or (3) In writing, by a statement responding to questions provided prior to the session, and by responding to any follow-up questions. (b) Exceptions. highway-rail grade crossing trespasser (c) Purpose of debriefing and critique. (1) Whether the on-board communications equipment functioned properly; (2) How much time elapsed between the occurrence of the emergency situation or full-scale simulation and notification to the emergency responders involved; (3) Whether the control center or the emergency response communications center promptly initiated the required notifications, as applicable under the plan; (4) How quickly and effectively the emergency responders responded after notification; and (5) How efficiently the passengers exited from the car through the emergency exits, including any passengers with a disability or injury (when the railroad has knowledge of any such passengers). (d) Records. (i) Date and location of the passenger train emergency situation or full-scale simulation; (ii) Date and location of the debriefing and critique session; and (iii) Names of all participants in the debriefing and critique session. (2) These records shall be made available to representatives of FRA and States participating under part 212 of this chapter for inspection and copying during normal business hours. [63 FR 24676, May 4, 1998, as amended at 78 FR 71816, Nov. 29, 2013; 79 FR 18148, Mar. 31, 2014] § 239.107 [Reserved] Subpart C—Review, Approval, and Retention of Emergency Preparedness Plans § 239.201 Emergency preparedness plan; filing and approval. (a) Filing of plan and amendments Filing of plan. FRA-239@dot.gov, (2) Filing of amendments to the plan. (ii) If the proposed amendment is limited to adding or changing the name, title, street address, email address, or telephone number of the primary person to be contacted on each affected railroad with regard to the review of the plan, approval is not required under the process in paragraph (b)(3)(i) of this section. These proposed amendments may be implemented by the railroad upon filing with FRA's Associate Administrator for Railroad Safety and Chief Safety Officer. All other proposed amendments must comply with the formal approval process in paragraph (b)(3)(i) of this section. (b) Approval Preliminary review. (ii) If a proposed emergency preparedness plan is not conditionally approved by FRA, the affected railroad or railroads shall amend the proposed plan to correct all deficiencies identified by FRA (and provide FRA with a corrected copy) not later than 30 days following receipt of FRA's written notice that the proposed plan was not conditionally approved. (2) Final review. (ii) If an emergency preparedness plan of a railroad or railroads is not finally approved by FRA, the affected railroad or railroads shall amend the plan to correct all deficiencies (and provide FRA with a corrected copy) not later than 30 days following receipt of FRA's written notice that the plan was not finally approved. (3) Review of amendments. (ii) If the amendment is not approved, the railroad shall correct any deficiencies identified by FRA and file the corrected amendment prior to implementing the amendment. (4) Reopened review. [63 FR 24676, May 4, 1998, as amended at 74 FR 25175, May 27, 2009; 79 FR 18148, Mar. 31, 2014; 90 FR 28189, July 1, 2025] § 239.203 Retention of emergency preparedness plan. Each passenger railroad to which this part applies, and all railroads hosting its passenger train service (if applicable), shall each retain one copy of the emergency preparedness plan required by § 239.201 and one copy of each subsequent amendment to that plan at the system and division headquarters of each, and shall make such records available to representatives of FRA and States participating under part 212 of this chapter for inspection and copying during normal business hours. Subpart D—Operational Tests and Inspections; Records, Recordkeeping, and Availability of Records § 239.301 Operational tests and inspections. (a) Requirement to conduct operational tests and inspections. (1) Program of operational tests and inspections. (i) Provide for operational testing and inspection on appropriate courses of action in response to various potential emergency situations and on the responsibilities of an employee of the railroad, of an individual who is a contractor or subcontractor to the railroad, or an employee of a contractor of subcontractor to the railroad, as they relate to the railroad's emergency preparedness plan. (ii) Describe each type of operational test and inspection required, including the means and procedures used to carry it out. (iii) State the purpose of each type of operational test and inspection. (iv) State, according to operating divisions where applicable, the frequency with which each type of operational test and inspection is to be conducted. (v) Identify the officer(s) by name, job title, and division or system, who shall be responsible for ensuring that the program of operational tests and inspections is properly implemented. A railroad with operating divisions shall identify at least one officer at the system headquarters who is responsible for overseeing the entire program and the implementation by each division. (vi) Require that each railroad officer who conducts operational tests and inspections be trained on those aspects of the railroad's emergency preparedness plan that are relevant to the operational tests and inspections that the officer conducts, and that the officer be qualified on the procedures for conducting such operational tests and inspections in accordance with the railroad's program of operational tests and inspections and the requirements of this section. (2) The program of operational tests and inspections required by paragraph (a)(1) of this section may be combined with the written program of operational tests and inspections required by § 217.9(c) of this chapter. (b) Maintaining records of operational tests and inspections. (c) Retaining operational test and inspection records. (d) Retaining records of program of operational tests and inspections. (e) Six-month review of tests and inspections and adjustments to the program of operational tests and inspections. (1) The operational testing and inspection data for each division, if any, or the system to determine compliance by the railroad testing officers with its program of operational tests and inspections required by paragraph (a)(1) 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; (2) Accident/incident data, the results of prior operational tests and inspections under this section, and other pertinent safety data for each division, if any, or 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 of the data for each division, if any, or the system, the designated officer(s) shall make any necessary adjustments to the tests and inspections required of railroad officers for the subsequent period(s); and (3) Implementation of the program of operational tests and inspections under this section from a system perspective, to ensure that the program 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. (f) Annual summary of operational tests and inspections. [79 FR 18149, Mar. 31, 2014] § 239.303 Electronic recordkeeping. Each railroad to which this part applies is authorized to retain by electronic recordkeeping the information prescribed in § 239.301, provided that all of the following conditions are met: (a) The railroad adequately limits and controls accessibility to such information retained in its database system and identifies those individuals who have such access; (b) The railroad has a terminal at the system headquarters and at each division headquarters; (c) Each such terminal has a desk-top computer ( i.e., (d) The railroad has a designated representative who is authorized to authenticate retrieved information from the electronic system as true and accurate copies of the electronically kept records; and (e) The railroad provides representatives of FRA and States participating under part 212 of this chapter with immediate access to these records for inspection and copying during normal business hours and provides printouts of such records upon request.

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