§ 33.62. Locomotives.
(a) All locomotives operated by or on each of the railroads in this Commonwealth, except those specifically exempted, shall be equipped with flush toilets or similar devices which sanitarily dispose of human waste matter, together with toilet paper properly protected from soil prior to use.
(b) The following locomotives are exempt from the requirements of subsection (a) of this section:
(1) ‘‘B’’ units, or locomotives used as ‘‘B’’ units or trailing units, if the lead or head locomotive is so equipped.
(2) Locomotives operated within this Commonwealth under lease or similar arrangement, until they have been used by the carrier for six months.
(3) Locomotives operating so as not to travel more than 60 miles in any one direction in this Commonwealth from the point of dispatchment.
(4) Locomotives commonly known as a ‘‘GG-1’’ and road switchers with or without steam generators commonly known as ‘‘EMD-GP-7,’’ ‘‘EMD-GP9,’’ ‘‘ALCO-RS2,’’ and ‘‘ALCO-RS3.’’ This exemption will terminate July 1, 1974.
(c) All locomotives, operated by common carrier railroads in this Commonwealth, except those exempted by subsection (b), shall be provided the following:
(1) Fresh drinking water at the beginning of each run or daily if in yard service.
(2) Commercially bottled water in tamper-proof disposable containers may be provided if bottled in accordance with Federal and State regulations and if refrigeration is provided. If commercially bottled water is not provided as described in this paragraph, then a glass-lined, stone-lined or stainless steel water dispenser of a nonfragile type equipped with a sanitary means of refrigeration in compliance with 21 CFR 1240.10, 1240.80, and 1250.85 (1980) as in effect on April 18, 1980 may be used. On April 18, 1980 21 CFR 1240.10 and 1240.80 were found at 40 FR 5620 (1975) and 21 CFR 1250.85 was found at 40 FR 5624 (1975).
(3) Single service cups in sufficient quantity and properly protected from soil prior to use.
(d) All locomotives, operated by common carrier railroads in this Commonwealth, except those exempted by subsection (b), shall be provided with suitable towels and hand cleaner in sufficient quantity, with a receptacle for used supplies.
(e) Prior to the beginning of each tour of duty or run within or into this Commonwealth or at the time of dispatchment from the engine house, all locomotives shall be inspected by the carrier to ascertain if the facilities required in this section are in operable and sanitary condition and, if such inspection indicates they are not, corrective action shall be taken prior to use.
(f) All new locomotives of the road and road switcher type acquired, except those excluded by subsection (b), shall be equipped with flush toilets or similar devices which sanitarily dispose of human waste matter.
Source The provisions of this § 33.62 were formerly designated Rule 20 by the Commission; amended June 20, 1980, effective June 21, 1980, 10 Pa.B. 2463; all locomotives and cabin cars affected by this section must be in compliance within six months of June 21, 1980. Immediately preceding text appears at serial page (20876).
Notes of Decisions Flush Toilets or Similar Devices
‘‘Similar device’’ means ‘‘a device which sanitarily disposes of human waste material,’’ and the record supports a conclusion by the PUC that equipping locomotives with disposable polyethylene bags sealed with non-slip ties which are to be placed in a plastic holding container does not comply with the requirement that locomotives be equipped with flush toilets or similar devices. Norfolk and Western Railway Company v. Public Utility Commission, 413 A.2d 1037 (Pa. 1980).
Interstate Commerce
State regulation of sanitary devices on locomotives does not create an undue burden on interstate commerce. Norfolk and Western Railway Company v. Public Utility Commission, 413 A.2d 1037 (Pa. 1980).
Preemption
State regulation of sanitary devices on locomotives is not preempted by the federal Boiler Inspection Act (45 U.S.C. § § 22—34), the Federal Railroad Safety Act of 1970 (45 U.S.C.A. § 421 et seq.), or the regulations of the Food and Drug Administration (21 CFR 1250.51(a) and (b)). Norfolk and Western Railway Company v. Public Utility Commission, 413 A.2d 1037 (Pa. 1980); reversing 399 A.2d 1184 (Pa. Cmwlth. 1979).
Remedial Measures
Where a railroad company has taken steps to correct operational difficulties with the sanitary toilet facilities in its locomotives, which facilities had previously been found to be in violation of this section, this section does not mandate that the railroad must install a completely different system, but rather allows the railroad to show that the existing system has been rendered sanitary by the correction of the operational difficulties. Public Utility Commission v. Norfolk and Western Ry. Co., 461 A.2d 1353 (Pa. Cmwlth. 1983).
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