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§ 212.233 49 CFR Ch. II (10–1–11 Edition)

deemed to meet all requirements of PART 213— SAFETY this section and is qualified to conduct STANDARDS independent inspections of all types of highway-rail crossing warning Subpart —General systems for the purpose of determining compliance with Grade Crossing Signal Sec. System Safety Rules (49 CFR part 234), 213.1 Scope of part. to make reports of those inspections, 213.3 Application. and to recommend institution of en- 213.4 Excepted track. 213.5 Responsibility for compliance. forcement actions when appropriate to 213.7 Designation of qualified persons to su- promote compliance. pervise certain renewals and inspect [59 FR 50104, Sept. 30, 1994] track. 213.9 Classes of track: operating speed lim- § 212.233 Apprentice highway-rail its. grade crossing inspector. 213.11 Restoration or renewal of track under traffic conditions. (a) An apprentice highway-rail grade 213.13 Measuring track not under load. crossing inspector shall be enrolled in a 213.15 Penalties. program of training prescribed by the 213.17 Waivers. Associate Administrator for Safety 213.19 Information collection. leading to qualification as a highway- rail grade crossing inspector. The ap- Subpart —Roadbed prentice inspector may not participate 213.31 Scope. in investigative and surveillance ac- 213.33 Drainage. tivities, except as an assistant to a 213.37 Vegetation. qualified State or FRA inspector while accompanying that qualified inspector. Subpart (b) Prior to being enrolled in the pro- 213.51 Scope. gram the apprentice inspector shall 213.53 Gage. demonstrate: 213.55 Alinement. (1) Working basic knowledge of elec- 213.57 Curves; elevation and speed limita- tricity; tions. (2) The ability to use electrical test 213.59 Elevation of curved track; runoff. equipment in direct current and alter- 213.63 Track surface. nating current circuits; and Subpart —Track Structure (3) A basic knowledge of highway-rail grade crossing inspection and mainte- 213.101 Scope. nance methods and procedures. 213.103 Ballast; general. 213.109 Crossties. [59 FR 50104, Sept. 30, 1994] 213.110 Gage restraint measurement sys- tems. § 212.235 Inapplicable qualification re- 213.113 Defective rails. quirements. 213.115 Rail end mismatch. The Associate Administrator may de- 213.118 Continuous welded rail (CWR); plan termine that a specific requirement of review and approval. this subpart is inapplicable to an iden- 213.119 Continuous welded rail (CWR); plan contents. tified position created by a State agen- 213.121 Rail joints. cy if it is not relevant to the actual du- 213.122 Torch cut rail. ties of the position. The determination 213.123 Tie plates. is made in writing. 213.127 Rail fastening systems. 213.133 Turnouts and track crossings gen- [47 FR 41051, Sept. 16, 1982. Redesignated at erally. 57 FR 28115, June 24, 1992. Further redesig- 213.135 Switches. nated at 59 FR 50104, Sept. 30, 1994] 213.137 Frogs. 213.139 Spring rail frogs. 213.141 Self-guarded frogs. 213.143 Frog guard rails and guard faces; gage.

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Subpart —Track Appliances and Track- APPENDIX B TO PART 213—SCHEDULE OF CIVIL Related Devices PENALTIES AUTHORITY: 49 ..C. 20102–20114 and 20142; 213.201 Scope. 213.205 Sec. 403, Div. A, Pub. . 110–432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR 1.49.

Subpart —Inspection SOURCE: 63 FR 34029, June 22, 1998, unless otherwise noted. 213.231 Scope. 213.233 Track inspections. 213.234 Automated inspection of track con- Subpart A—General structed with crossties. 213.235 Inspection of switches, track cross- § 213.1 Scope of part. ings, and lift rail assemblies or other (a) This part prescribes minimum transition devices on moveable bridges. 213.237 Inspection of rail. safety requirements for railroad track 213.239 Special inspections. that is part of the general railroad sys- 213.241 Inspection records. tem of transportation. The require- ments prescribed in this part apply to Subpart Operations at Track specific track conditions existing in Classes 6 and Higher isolation. Therefore, a combination of 213.301 Scope of subpart. track conditions, none of which indi- 213.303 Responsibility for compliance. vidually amounts to a deviation from 213.305 Designation of qualified individuals; the requirements in this part, may re- general qualifications. quire remedial action to provide for 213.307 Class of track: operating speed lim- safe operations over that track. This its. part does not restrict a railroad from 213.309 Restoration or renewal of track adopting and enforcing additional or under traffic conditions. more stringent requirements not in- 213.311 Measuring track not under load. 213.317 Waivers. consistent with this part. 213.319 Drainage. (b) Subparts A through F apply to 213.321 Vegetation. track Classes 1 through 5. Subpart G 213.323 Track gage. and 213.2, 213.3, and 213.15 apply to 213.327 Alinement. track over which are operated at 213.329 Curves, elevation and speed limita- speeds in excess of those permitted tions. over Class 5 track. 213.331 Track surface. 213.333 Automated vehicle inspection sys- tems. § 213.3 Application. 213.334 Ballast; general. (a) Except as provided in paragraph 213.335 Crossties. (b) of this section, this part applies to 213.337 Defective rails. all standard gage track in the general 213.339 Inspection of rail in service. railroad system of transportation. 213.341 Initial inspection of new rail and welds. (b) This part does not apply to 213.343 Continuous welded rail (CWR). track— 213.345 Vehicle qualification testing. (1) Located inside an installation 213.347 Automotive or railroad crossings at which is not part of the general rail- grade. road system of transportation; or 213.349 Rail end mismatch. (2) Used exclusively for 213.351 Rail joints. operations in an urban area that are 213.352 Torch cut rail. 213.353 Turnouts, crossovers, and lift rail as- not connected with the general rail- semblies or other transition devices on road system of transportation. moveable bridges. 213.355 Frog guard rails and guard faces; § 213.4 Excepted track. gage. A track owner may designate a seg- 213.357 Derails. ment of track as excepted track pro- 213.359 Track stiffness. 213.361 Right of way. vided that— 213.365 Visual inspections. (a) The segment is identified in the 213.367 Special inspections. timetable, special instructions, general 213.369 Inspection records. order, or other appropriate records APPENDIX A TO PART 213—MAXIMUM ALLOW- which are available for inspection dur- ABLE CURVING SPEEDS ing regular business hours;

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(b) The identified segment is not lo- provisions of § 213.4, operations may cated within 30 feet of an adjacent continue over that track without com- track which can be subjected to simul- plying with the provisions of subparts taneous use at speeds in excess of 10 B, C, D, and E of this part, unless oth- miles per hour; erwise expressly stated. (c) The identified segment is in- (c) If an owner of track to which this spected in accordance with 213.233(c) part applies assigns responsibility for and 213.235 at the frequency specified the track to another person (by lease for Class 1 track; or otherwise), written notification of (d) The identified segment of track is the assignment shall be provided to the not located on a bridge including the appropriate FRA Regional Office at track approaching the bridge for 100 least 30 days in advance of the assign- feet on either side, or located on a pub- ment. The notification may be made by lic or highway, if railroad cars any party to that assignment, but shall containing commodities required to be be in writing and include the fol- placarded by the Hazardous Materials lowing— Regulations (49 CFR part 172), are (1) The name and address of the track moved over the track; and owner; (e) The railroad conducts operations (2) The name and address of the per- on the identified segment under the son to whom responsibility is assigned following conditions: (assignee); (1) No train shall be operated at (3) A statement of the exact relation- speeds in excess of 10 miles per hour; ship between the track owner and the (2) No occupied passenger train shall assignee; be operated; (4) A precise identification of the (3) No freight train shall be operated track; that contains more than five cars re- (5) A statement as to the competence quired to be placarded by the Haz- and ability of the assignee to carry out ardous Materials Regulations (49 CFR the duties of the track owner under part 172); and this part; and (4) The gage on excepted track shall (6) A statement signed by the as- not be more than 4 feet 101⁄4 inches. signee acknowledging the assignment This paragraph (e)(4) is applicable Sep- to him of responsibility for purposes of tember 21, 1999. compliance with this part. (f) A track owner shall advise the ap- (d) The Administrator may hold the propriate FRA Regional Office at least track owner or the assignee or both re- 10 days prior to removal of a segment sponsible for compliance with this part of track from excepted status. and subject to penalties under § 213.15. [63 FR 34029, June 22, 1998] (e) A common carrier by railroad which is directed by the Surface Trans- § 213.5 Responsibility for compliance. portation Board to provide service over (a) Except as provided in paragraph the track of another railroad under 49 (b) of this section, any owner of track U.S.C. 11123 is considered the owner of to which this part applies who knows that track for the purposes of the ap- or has notice that the track does not plication of this part during the period comply with the requirements of this the directed service order remains in part, shall— effect. (1) Bring the track into compliance; (f) When any person, including a con- (2) Halt operations over that track; tractor for a railroad or track owner, or performs any function required by this (3) Operate under authority of a per- part, that person is required to perform son designated under § 213.7(a), who has that function in accordance with this at least one year of supervisory experi- part. ence in railroad track maintenance, subject to conditions set forth in this § 213.7 Designation of qualified per- part. sons to supervise certain renewals (b) If an owner of track to which this and inspect track. part applies designates a segment of (a) Each track owner to which this track as ‘‘excepted track’’ under the part applies shall designate qualified

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persons to supervise restorations and tion, adjustment, and maintenance of renewals of track under traffic condi- CWR track in accordance with the tions. Each person designated shall written procedures of the track owner have— shall have: (1) At least— (1) Current qualifications under ei- () 1 year of supervisory experience in ther paragraph (a) or (b) of this sec- railroad track maintenance; or tion; (ii) A combination of supervisory ex- (2) Successfully completed a com- perience in track maintenance and prehensive training course specifically training from a course in track mainte- developed for the application of writ- nance or from a college level edu- ten CWR procedures issued by the cational program related to track track owner; maintenance; (3) Demonstrated to the track owner (2) Demonstrated to the owner that that the individual: he or she— (i) Knows and understands the re- (i) Knows and understands the re- quirements of those written CWR pro- quirements of this part; cedures; (ii) Can detect deviations from those (ii) Can detect deviations from those requirements; and requirements; and (iii) Can prescribe appropriate reme- (iii) Can prescribe appropriate reme- dial action to correct or safely com- dial action to correct or safely com- pensate for those deviations; and pensate for those deviations; and (3) Written authorization from the (4) Written authorization from the track owner to prescribe remedial ac- track owner to prescribe remedial ac- tions to correct or safely compensate tions to correct or safely compensate for deviations from the requirements in for deviations from the requirements in this part. those procedures and successfully com- (b) Each track owner to which this pleted a recorded examination on those part applies shall designate qualified procedures as part of the qualification persons to inspect track for defects. process. Each person designated shall have— (d) Persons not fully qualified to su- (1) At least— pervise certain renewals and inspect (i) 1 year of experience in railroad track as required in paragraphs (a) track inspection; or through (c) of this section, but with at (ii) A combination of experience in least one year of maintenance-of-way track inspection and training from a or signal experience, may pass trains course in track inspection or from a over broken rails and pull aparts pro- college level educational program re- vided that— lated to track inspection; (1) The track owner determines the (2) Demonstrated to the owner that person to be qualified and, as part of he or she— doing so, trains, examines, and re-ex- (i) Knows and understands the re- amines the person periodically within quirements of this part; two years after each prior examination (ii) Can detect deviations from those on the following topics as they relate requirements; and to the safe passage of trains over bro- (iii) Can prescribe appropriate reme- ken rails or pull aparts: rail defect dial action to correct or safely com- identification, crosstie condition, pensate for those deviations; and track surface and alinement, gage re- (3) Written authorization from the straint, rail end mismatch, joint bars, track owner to prescribe remedial ac- and maximum distance between rail tions to correct or safely compensate ends over which trains may be allowed for deviations from the requirements of to pass. The sole purpose of the exam- this part, pending review by a qualified ination is to ascertain the person’s person designated under paragraph (a) ability to effectively apply these re- of this section. quirements and the examination may (c) Individuals designated under not be used to disqualify the person paragraphs (a) or (b) of this section from other duties. A minimum of four that inspect continuous welded rail hours training is required for initial (CWR) track or supervise the installa- training;

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(2) The person deems it safe and train pliance, under the authority of a per- speeds are limited to a maximum of 10 son designated under § 213.7(a), who has .p.. over the broken rail or pull at least one year of supervisory experi- apart; ence in railroad track maintenance, (3) The person shall watch all move- after that person determines that oper- ments over the broken rail or pull ations may safely continue and subject apart and be prepared to stop the train to any limiting conditions specified by if necessary; and such person. (4) Person(s) fully qualified under § 213.7 are notified and dispatched to § 213.11 Restoration or renewal of the location promptly for the purpose track under traffic conditions. of authorizing movements and effect- If during a period of restoration or ing temporary or permanent repairs. renewal, track is under traffic condi- (e) With respect to designations tions and does not meet all of the re- under paragraphs (a) through (d) of this quirements prescribed in this part, the section, each track owner shall main- work on the track shall be under the tain written records of— continuous supervision of a person des- (1) Each designation in effect; ignated under § 213.7(a) who has at least (2) The basis for each designation; one year of supervisory experience in and railroad track maintenance, and sub- (3) Track inspections made by each ject to any limiting conditions speci- designated qualified person as required fied by such person. The term ‘‘contin- by § 213.241. These records shall be kept uous supervision’’ as used in this sec- available for inspection or copying by tion means the physical presence of the Federal Railroad Administration that person at a job site. However, during regular business hours. since the work may be performed over a large area, it is not necessary that [63 FR 34029, June 22, 1998, as amended at 74 each phase of the work be done under FR 43002, Aug. 25, 2009] the visual supervision of that person. § 213.9 Classes of track: operating speed limits. § 213.13 Measuring track not under load. (a) Except as provided in paragraph When unloaded track is measured to (b) of this section and §§ 213.57(b), determine compliance with require- 213.59(a), 213.113(a), and 213.137(b) and ments of this part, the amount of rail (c), the following maximum allowable movement, if any, that occurs while operating speeds apply— the track is loaded must be added to [In miles per hour] the measurements of the unloaded Over track that track. meets all of the re- The maximum al- The maximum al- quirements pre- lowable operating lowable operating speed for freight speed for pas- § 213.15 Penalties. scribed in this part trains is— senger trains is— for— (a) Any person who violates any re- Excepted track ...... 10 /A quirement of this part or causes the Class 1 track ...... 10 15 violation of any such requirement is Class 2 track ...... 25 30 subject to a civil penalty of at least Class 3 track ...... 40 60 Class 4 track ...... 60 80 $650 and not more than $25,000 per vio- Class 5 track ...... 80 90 lation, except that: Penalties may be assessed against individuals only for (b) If a segment of track does not willful violations, and, where a grossly meet all of the requirements for its in- negligent violation or a pattern of re- tended class, it is reclassified to the peated violations has created an immi- next lowest class of track for which it nent hazard of death or injury to per- does meet all of the requirements of sons, or has caused death or injury, a this part. However, if the segment of penalty not to exceed $100,000 per viola- track does not at least meet the re- tion may be assessed. ‘‘Person’’ means quirements for Class 1 track, oper- an entity of any type covered under 1 ations may continue at Class 1 speeds U.S.C. 1, including but not limited to for a period of not more than 30 days the following: a railroad; a manager, without bringing the track into com- supervisor, official, or other employee

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or agent of a railroad; any owner, man- sections: §§ 213.4, 213.5, 213.7, 213.17, ufacturer, lessor, or lessee of railroad 213.57, 213.119, 213.122, 213.233, 213.237, equipment, track, or facilities; any 213.241, 213.303, 213.305, 213.317, 213.329, independent contractor providing 213.333, 213.339, 213.341, 213.343, 213.345, goods or services to a railroad; any em- 213.353, 213.361, 213.369. ployee of such owner, manufacturer, lessor, lessee, or independent con- Subpart B—Roadbed tractor; and anyone held by the Fed- eral Railroad Administrator to be re- § 213.31 Scope. sponsible under § 213.5(d) or § 213.303(c). This subpart prescribes minimum re- Each day a violation continues shall quirements for roadbed and areas im- constitute a separate offense. See ap- mediately adjacent to roadbed. pendix B to this part for a statement of agency civil penalty policy. § 213.33 Drainage. (b) Any person who knowingly and Each drainage or other water car- willfully falsifies a record or report re- rying facility under or immediately ad- quired by this part may be subject to jacent to the roadbed shall be main- criminal penalties under 49 U.S.C. tained and kept free of obstruction, to 21311. accommodate expected water flow for [63 FR 34029, June 22, 1998, as amended at 69 the area concerned. FR 30593, May 28, 2004; 72 FR 51196, Sept. 6, 2007; 73 FR 79701, Dec. 30, 2008] § 213.37 Vegetation. § 213.17 Waivers. Vegetation on railroad property which is on or immediately adjacent to (a) Any owner of track to which this roadbed shall be controlled so that it part applies, or other person subject to does not— this part, may petition the Federal (a) Become a fire hazard to track-car- Railroad Administrator for a waiver rying structures; from any or all requirements pre- (b) Obstruct visibility of railroad scribed in this part. The filing of such signs and signals: a petition does not affect that person’s (1) Along the right-of-way, and responsibility for compliance with that (2) At highway-rail crossings; (This requirement while the petition is being paragraph (b)(2) is applicable Sep- considered. tember 21, 1999.) (b) Each petition for a waiver under (c) Interfere with railroad employees this section shall be filed in the man- performing normal trackside duties; ner and contain the information re- (d) Prevent proper functioning of sig- quired by part 211 of this chapter. nal and communication lines; or (c) If the Administrator finds that a (e) Prevent railroad employees from waiver is in the public interest and is visually inspecting moving equipment consistent with railroad safety, the Ad- from their normal duty stations. ministrator may grant the exemption subject to any conditions the Adminis- trator deems necessary. Where a waiv- Subpart C—Track Geometry er is granted, the Administrator pub- lishes a notice containing the reasons § 213.51 Scope. for granting the waiver. This subpart prescribes requirements for the gage, alinement, and surface of § 213.19 Information collection. track, and the elevation of outer rails (a) The information collection re- and speed limitations for curved track. quirements of this part were reviewed by the Office of Management and Budg- § 213.53 Gage. et pursuant to the Paperwork Reduc- (a) Gage is measured between the tion Act of 1995 (44 U.S.C. 3501 et seq.) heads of the rails at right-angles to the and are assigned OMB control number rails in a plane five-eighths of an inch 2130–0010. below the top of the rail head. (b) The information collection re- (b) Gage shall be within the limits quirements are found in the following prescribed in the following table—

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Class of track The gage must be at least— But not more than—

Excepted track ...... N/A ...... 4′101⁄4″. Class 1 track ...... 4′8″ ...... 4′10″. Class 2 and 3 track ...... 4′8″ ...... 4′93⁄4″. Class 4 and 5 track ...... 4′8″ ...... 4′91⁄2″.

§ 213.55 Alinement. Alinement may not deviate from uni- formity more than the amount pre- scribed in the following table:

Tangent track Curved track The deviation of The deviation of The deviation of the mid-offset the mid-ordinate the mid-ordinate Class of track from a 62-foot from a 31-foot from a 62-foot line 1 may not be chord 2 may not chord 2 may not more than— be more than— be more than— (inches) (inches) (inches)

Class 1 track ...... 5 3 N/A 5 Class 2 track ...... 3 3 N/A 3 Class 3 track ...... 13⁄4 11⁄4 13⁄4 Class 4 track ...... 11⁄2 1 11⁄2 Class 5 track ...... 3⁄4 1⁄2 5⁄8 1 The ends of the line shall be at points on the gage side of the line rail, five-eighths of an inch below the top of the railhead. Either rail may be used as the line rail, however, the same rail shall be used for the full length of that tangential segment of track. 2 The ends of the chord shall be at points on the gage side of the outer rail, five-eighths of an inch below the top of the rail- head. 3 N/A—Not Applicable.

§ 213.57 Curves; elevation and speed D = (degrees). 2 limitations. (2) Table 1 of appendix A is a table of (a) The maximum crosslevel on the maximum allowable operating speed outside rail of a curve may not be more computed in accordance with this for- than 8 inches on track Classes 1 and 2 mula for various elevations and degrees and 7 inches on Classes 3 through 5. Ex- of curvature. cept as provided in § 213.63, the outside (c)(1) For stock meeting the rail of a curve may not be lower than requirements specified in paragraph (d) the inside rail. (The first sentence of of this section, the maximum operating paragraph (a) is applicable September speed for each curve may be deter- 21, 1999.) mined by the following formula— (b)(1) The maximum allowable oper- ating speed for each curve is deter- E + 4 = a mined by the following formula— max 0. 0007D + Where— = Ea 3 Vmax Vmax = Maximum allowable operating speed 0. 0007D (miles per hour). Where— Ea = Actual elevation of the outside rail (inches). 1 V = Maximum allowable operating speed max D = Degree of curvature (degrees). 2 (miles per hour).

Ea = Actual elevation of the outside rail (2) Table 2 of appendix A is a table of (inches). 1 maximum allowable operating speed

1 Actual elevation for each 155 foot track average the points through the full length of segment in the body of the curve is deter- the body of the curve. mined by averaging the elevation for 10 2 Degree of curvature is determined by points through the segment at 15.5 foot spac- averaging the degree of curvature over the ing. If the curve length is less than 155 feet, same track segment as the elevation.

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computed in accordance with this for- (e) A track owner, or an operator of a mula for various elevations and degrees passenger or commuter service, who of curvature. provides passenger or commuter serv- (d) Qualified equipment may be oper- ice over trackage of more than one ated at curving speeds determined by track owner with the same class of the formula in paragraph (c) of this equipment may provide written notifi- section, provided each specific class of cation to the Federal Railroad Admin- equipment is approved for operation by istrator with the written consent of the Federal Railroad Administration the other affected track owners. and the railroad demonstrates that: (f) Equipment presently operating at (1) When positioned on a track with a curving speeds allowed under the for- uniform 4-inch superelevation, the roll mula in paragraph (c) of this section, angle between the floor of the equip- by reason of conditional waivers grant- ment and the horizontal does not ex- ed by the Federal Railroad Administra- ceed 5.7 degrees; and tion, shall be considered to have suc- (2) When positioned on a track with a cessfully complied with the require- uniform 6 inch superelevation, no ments of paragraph (d) of this section. wheel of the equipment unloads to a (g) A track owner or a railroad oper- value of 60 percent of its static value ating above Class 5 speeds, may request on perfectly level track, and the roll approval from the Federal Railroad Ad- angle between the floor of the equip- ministrator to operate specified equip- ment and the horizontal does not ex- ment at a level of deficiency ceed 8.6 degrees. greater than four inches in accordance (3) The track owner shall notify the with § 213.329(c) and (d) on curves in Federal Railroad Administrator no less Class 1 through 5 track which are con- than 30 calendar days prior to the pro- tiguous to the high speed track pro- posed implementation of the higher vided that— curving speeds allowed under the for- (1) The track owner or railroad sub- mula in paragraph (c) of this section. mits a test plan to the Federal Rail- The notification shall be in writing and road Administrator for approval no less shall contain, at a minimum, the fol- than thirty calendar days prior to any lowing information— proposed implementation of the higher (i) A complete description of the curving speeds. The test plan shall in- class of equipment involved, including clude an analysis and determination of schematic diagrams of the suspension carbody acceleration safety limits for systems and the location of the center each vehicle type which indicate wheel of gravity above top of rail; unloading of 60 percent in a steady (ii) A complete description of the test state condition and 80 percent in a procedure 3 and instrumentation used transient (point by point) condition. to qualify the equipment and the max- Accelerometers shall be laterally-ori- imum values for wheel unloading and ented and floor-mounted near the end roll angles which were observed during of a representative vehicle of each testing; type; (iii) Procedures or standards in effect (2) Upon FRA approval of a test plan, which relate to the maintenance of the the track owner or railroad conducts suspension system for the particular incrementally increasing train speed class of equipment; and test runs over the curves in the identi- (iv) Identification of line segment on fied track segment(s) to demonstrate which the higher curving speeds are that wheel unloading is within the lim- proposed to be implemented. its prescribed in paragraph (g)(1) of this section; (3) Upon FRA approval of a cant defi- 3 The test procedure may be conducted in a ciency level, the track owner or rail- test facility whereby all the wheels on one road inspects the curves in the identi- side (right or left) of the equipment are al- fied track segment with a Track Geom- ternately raised and lowered by 4 and 6 inches and the vertical wheel loads under etry Measurement System (TGMS) each wheel are measured and a level is used qualified in accordance with § 213.333 (b) to record the angle through which the floor through (g) at an inspection frequency of the equipment has been rotated. of at least twice annually with not less

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than 120 days interval between inspec- § 213.59 Elevation of curved track; tions; and runoff. (4) The track owner or railroad oper- (a) If a curve is elevated, the full ele- ates an instrumented car having dy- namic response characteristics that are vation shall be provided throughout representative of other equipment as- the curve, unless physical conditions signed to service or a portable device do not permit. If elevation runoff oc- that monitors on-board instrumenta- curs in a curve, the actual minimum tion on trains over the curves in the elevation shall be used in computing identified track segment at the rev- the maximum allowable operating enue speed profile at a frequency of at speed for that curve under § 213.57(b). least once every 90-day period with not (b) Elevation runoff shall be at a uni- less than 30 days interval between in- form rate, within the limits of track spections. The instrumented car or the surface deviation prescribed in § 213.63, portable device shall monitor a lat- and it shall extend at least the full erally-oriented accelerometer placed length of the spirals. If physical condi- near the end of the vehicle at the floor tions do not permit a long level. If the carbody lateral accelera- enough to accommodate the minimum tion measurement exceeds the safety length of runoff, part of the runoff may limits prescribed in paragraph (g)(1), be on tangent track. the railroad shall operate trains at curving speeds in accordance with § 213.63 Track surface. paragraph (b) or (c) of this section; and (5) The track owner or railroad shall Each owner of the track to which maintain a copy of the most recent ex- this part applies shall maintain the ception printouts for the inspections surface of its track within the limits required under paragraphs (g)(3) and (4) prescribed in the following table: of this section. [63 FR 34029, June 22, 1998; 63 FR 54078, Oct. 8, 1998]

Class of track Track surface 1 2 3 4 5 (inches) (inches) (inches) (inches) (inches)

The runoff in any 31 feet of rail at the end of a raise may not be more than...... 31⁄2 3 2 11⁄2 1 The deviation from uniform profile on either rail at the mid-ordinate of a 62-foot chord may not be more than ...... 3 23⁄4 21⁄4 2 11⁄4 The deviation from zero crosslevel at any point on tangent or re- verse crosslevel elevation on curves may not be more than ...... 3 2 13⁄4 11⁄4 1 The difference in crosslevel between any two points less than 62 feet apart may not be more than* 1,2 ...... 3 21⁄4 2 13⁄4 11⁄2 * Where determined by decision prior to the promulga- tion of this rule, due to physical restrictions on spiral length and operating practices and experience, the variation in crosslevel on spirals per 31 feet may not be more than ...... 2 13⁄4 11⁄4 1 3⁄4 1 Except as limited by § 213.57(a), where the elevation at any point in a curve equals or exceeds 6 inches, the difference in crosslevel within 62 feet between that point and a point with greater elevation may not be more than 11⁄2 inches. (Footnote 1 is applicable September 21, 1999.) 2 However, to control harmonics on Class 2 through 5 jointed track with staggered joints, the crosslevel differences shall not exceed 11⁄4 inches in all of six consecutive pairs of joints, as created by 7 low joints. Track with joints staggered less than 10 feet shall not be considered as having staggered joints. Joints within the 7 low joints outside of the regular joint spacing shall not be considered as joints for purposes of this footnote. (Footnote 2 is applicable September 21, 1999.)

[63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998]

Subpart D—Track Structure assembly fittings, and the physical conditions of rails. § 213.101 Scope. This subpart prescribes minimum re- quirements for ballast, crossties, track

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§ 213.103 Ballast; general. forth in paragraph (b)(4) of this section shall not be— Unless it is otherwise structurally (1) Broken through; supported, all track shall be supported (2) Split or otherwise impaired to the by material which will— extent the crosstie will allow the bal- (a) Transmit and distribute the load last to work through, or will not hold of the track and railroad rolling equip- spikes or rail fasteners; ment to the subgrade; (3) So deteriorated that the crosstie (b) Restrain the track laterally, lon- plate or base of rail can move laterally gitudinally, and vertically under dy- 1⁄2 inch relative to the crosstie; or namic loads imposed by railroad roll- (4) Cut by the crosstie plate through ing equipment and thermal stress ex- more than 40 percent of a crosstie’s erted by the rails; thickness. (c) Provide adequate drainage for the (d) Concrete crossties counted to sat- track; and isfy the requirements set forth in para- (d) Maintain proper track crosslevel, graph (b)(4) of this section shall not surface, and alinement. be— § 213.109 Crossties. (1) Broken through or deteriorated to the extent that prestressing material is (a) Crossties shall be made of a mate- visible; rial to which rail can be securely fas- (2) Deteriorated or broken off in the tened. vicinity of the shoulder or insert so (b) Each 39-foot segment of track that the fastener assembly can either shall have at a minimum— pull out or move laterally more than 3⁄8 (1) A sufficient number of crossties inch relative to the crosstie; that in combination provide effective (3) Deteriorated such that the base of support that will— either rail can move laterally more (i) Hold gage within the limits pre- than 3⁄8 inch relative to the crosstie on scribed in § 213.53(b); curves of 2 degrees or greater; or can (ii) Maintain surface within the lim- move laterally more than 1⁄2 inch rel- its prescribed in § 213.63; and ative to the crosstie on tangent track (iii) Maintain alinement within the or curves of less than 2 degrees; limits prescribed in § 213.55; (4) Deteriorated or abraded at any (2) The minimum number and type of point under the rail seat to a depth of crossties specified in paragraph (b)(4) 1⁄2 inch or more; of this section and described in para- (5) Deteriorated such that the cross- graph (c) or (d), as applicable, of this tie’s fastening or anchoring system, in- section effectively distributed to sup- cluding rail anchors (see § 213.127(b)), is port the entire segment; unable to maintain longitudinal rail (3) At least one non-defective crosstie restraint, or maintain rail hold down, of the type specified in paragraphs (c) or maintain gage due to insufficient and (d) of this section that is located at fastener toeload; or a joint location as specified in para- (6) Configured with less than two fas- graph (e) of this section; and teners on the same rail except as pro- (4) The minimum number of crossties vided in § 213.127(c). as indicated in the following table. (e) Class 1 and 2 track shall have one crosstie whose centerline is within 24 Tangent track, turnouts, and curves inches of each rail joint (end) location. Class 3, 4, and 5 track shall have either Tangent track FRA track class and curved Turnouts and one crosstie whose centerline is within track less than curved track 18 inches of each rail joint location or or equal to 2 greater than 2 degrees degrees two crossties whose centerlines are within 24 inches either side of each rail Class 1 ...... 5 6 joint location. The relative position of Class 2 ...... 8 9 Class 3 ...... 8 10 these crossties is described in the fol- Class 4 and 5 ...... 12 14 lowing three diagrams: (1) Each rail joint in Class 1 and 2 (c) Crossties, other than concrete, track shall be supported by at least one counted to satisfy the requirements set crosstie specified in paragraphs (c) and

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(d) of this section whose centerline is within 48 inches as shown in Figure 1.

(2) Each rail joint in Class 3, 4, and 5 graphs (c) and (d) of this section whose track shall be supported by either at centerline is within 36 inches as shown least one crosstie specified in para- in Figure 2, or:

(3) Two crossties, one on each side of within 24 inches of the rail joint loca- the rail joint, whose centerlines are tion as shown in Figure 3.

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(f) For track constructed without milepost limits, class of track, or other crossties, such as slab track, track con- identifying criteria; and nected directly to bridge structural (2) The most recent record of million components, track over servicing pits, gross tons of traffic per year over the etc., the track structure shall meet the identified segment(s). requirements of paragraph (b)(1) of this (c) The track owner shall also pro- section. vide to FRA sufficient technical data [76 FR 18084, Apr. 1, 2011] to establish compliance with the min- imum design requirements of a GRMS § 213.110 Gage restraint measurement vehicle which specify that— systems. (1) Gage restraint shall be measured (a) A track owner may elect to imple- between the heads of rail— ment a Gage Restraint Measurement (A) At an interval not exceeding 16 System (GRMS), supplemented by the inches; use of a Portable Track Loading Fix- (B) Under an applied vertical load of ture (PTLF), to determine compliance no less than 10,000 pounds per rail; and with the crosstie and fastener require- (C) Under an applied lateral load ments specified in §§ 213.109 and 213.127 which provides for a lateral/vertical provided that— load ratio between 0.5 and 1.25, and a (1) The track owner notifies the ap- load severity greater than 3,000 pounds propriate FRA Regional office at least but less than 8,000 pounds. 30 days prior to the designation of any (d) Load severity is defined by the line segment on which GRMS tech- formula—S=L-cV nology will be implemented; and Where— (2) The track owner notifies the ap- S=Load severity, defined as the lateral load propriate FRA Regional office at least applied to the fastener system (pounds). 10 days prior to the removal of any line L=Actual lateral load applied (pounds). segment from GRMS designation. c=Coefficient of friction between rail/tie (b) Initial notification under para- which is assigned a nominal value of (0.4). graph (a)(1) of this section shall in- V=Actual vertical load applied (pounds). clude— (e) The measured gage values shall be (1) Identification of the line seg- converted to a Projected Loaded Gage ment(s) by timetable designation, 24 (PLG 24) as follows—

PLG 24= UTG + A×−() LTG UTG

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Where— inches from the lateral load application UTG=Unloaded track gage measured by the point. GRMS vehicle at a point no less than 10 A=The extrapolation factor used to convert the measured loaded gage to expected load- feet from any lateral or vertical load appli- ed gage under a 24,000 pound lateral load cation. and a 33,000 pound vertical load. LTG=Loaded track gage measured by the GRMS vehicle at a point no more than 12 For all track—

13153. A = ()..001×−LV 000258 × −× ... 009() 001 ×− LV 000258 ×2

NOTE: The A factor shall not exceed (3.184) V=Actual vertical load applied (pounds). under any valid loading configuration. (f) The measured gage value shall be where— converted to a Gage Widening Ratio L=Actual lateral load applied (pounds). (GWR) as follows—

()LTG− UTG GWR = ×16, 000 L

(g) The GRMS vehicle shall be capa- (2) Maintain each PTLF used for de- ble of producing output reports that termining compliance with the require- provide a trace, on a constant-distance ments of this section such that the scale, of all parameters specified in 4,000-pound reading is accurate to with- paragraph (l) of this section. in five percent of that reading. (h) The GRMS vehicle shall be capa- () The track owner shall provide ble of providing an exception report training in GRMS technology to all containing a systematic listing of all persons designated as fully qualified exceptions, by magnitude and location, under § 213.7 and whose territories are to all the parameters specified in para- subject to the requirements of this sec- graph (l) of this section. tion. The training program shall be (i) The exception reports required by made available to the Federal Railroad this section shall be provided to the ap- Administration upon request. At a propriate person designated as fully minimum, the training program shall qualified under § 213.7 prior to the next address— inspection required under § 213.233. (1) Basic GRMS procedures; () The track owner shall institute (2) Interpretation and handling of ex- the necessary procedures for maintain- ception reports generated by the GRMS ing the integrity of the data collected vehicle; by the GRMS and PTLF systems. At a minimum, the track owner shall— (3) Locating and verifying defects in (1) Maintain and make available to the field; the Federal Railroad Administration (4) Remedial action requirements; documented calibration procedures on (5) Use and calibration of the PTLF; each GRMS vehicle which, at a min- and imum, shall specify a daily instrument (6) Recordkeeping requirements. verification procedure that will ensure (l) The GRMS record of lateral re- correlation between measurements straint shall identify two exception made on the ground and those recorded levels. At a minimum, the track owner by the instrumentation with respect to shall initiate the required remedial ac- loaded and unloaded gage parameters; tion at each exception level as defined and in the following table—

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GRMS param- If measure- 1 ment value ex- Remedial action required eter ceeds

First Level Exception

UTG ...... 58 inches ...... (1) Immediately protect the exception location with a 10 mph speed restriction; then verify lo- cation; and (2) Restore lateral restraint and maintain in compliance with PTLF criteria as described in paragraph (m) of this section; and (3) Maintain compliance with § 213.53(b) of this part as measured with the PTLF.

LTG ...... 58 inches. PLG24 ...... 59 inches. GWR ...... 1.0 inches. Second Level Exception

LTG ...... 573⁄4 inches 2 Limit operating speed to no more than the maximum allowable under § 213.9 for Class 3 on Class 4 track; then verify location; and and 5 track 2. (1) Maintain in compliance with PTLF criteria as described in paragraph (m) of this section; and (2) Maintain compliance with § 213.53(b) of this part as measured with the PTLF. PLG24 ...... 58 inches. GWR ...... 0.75 inches. 1 Definitions for the GRMS parameters referenced in this table are found in paragraph (p) of this section. 2 This note recognizes that typical good track will increase in total gage by as much as 1⁄4 inch due to outward rail rotation under GRMS loading conditions. For Class 2 & 3 track, the GRMS LTG values are also increased by 1⁄4 inch to a maximum of 58 inches. However, for any Class of track, GRMS LTG values in excess of 58 inches are considered First Level exceptions and the appropriate remedial actions must be taken by the track owner. This 1⁄4-inch increase in allowable gage applies only to GRMS LTG. For gage measured by traditional methods, or with the use of the PTLF, the table in § 213.53(b) will apply.

(m) Between GRMS inspections, the ments of paragraph (m)(1)(i) and (ii) of PTLF may be used as an additional an- this section. alytical tool to assist fully qualified (4) When a functional PTLF is not § 213.7 individuals in determining com- available to a fully qualified person pliance with the crosstie and fastener designated under § 213.7, the criteria for requirements of §§ 213.109 and 213.127. determining crosstie and fastener com- When the PTLF is used, whether as an pliance shall be based solely on the re- additional analytical tool or to fulfill quirements specified in §§ 213.109 and the requirements of paragraph (l), it 213.127. shall be used subject to the following (5) If the PTLF becomes non-func- criteria— tional or is missing, the track owner (1) At any location along the track will replace or repair it before the next that the PTLF is applied, that location inspection required under § 213.233. will be deemed in compliance with the (6) Where vertical loading of the crosstie and fastener requirements track is necessary for contact with the specified in §§ 213.109 and 213.127 pro- lateral rail restraint components, a vided that— PTLF test will not be considered valid until contact with these components is (i) The total gage widening at that restored under static loading condi- location does not exceed 5⁄8 inch when tions. increasing the applied force from 0 to (n) The track owner shall maintain a 4,000 pounds; and record of the two most recent GRMS (ii) The gage of the track under 4,000 inspections at locations which meet pounds of applied force does not exceed the requirements specified in the allowable gage prescribed in § 213.241(b). At a minimum, records § 213.53(b) for the class of track. shall indicate the following— (2) Gage widening in excess of 5⁄8 inch (1) Location and nature of each First shall constitute a deviation from Class Level exception; and 1 standards. (2) Nature and date of remedial ac- (3) A person designated as fully quali- tion, if any, for each exception identi- fied under § 213.7 retains the discre- fied in paragraph (n)(1) of this section. tionary authority to prescribe addi- () The inspection interval for des- tional remedial actions for those loca- ignated GRMS line segments shall be tions which comply with the require- such that—

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(1) On line segments where the an- (5) Loaded Track Gage (LTG) means nual tonnage exceeds two million gross the gage measured by the GRMS vehi- tons, or where the maximum operating cle at a point no more than 12 inches speeds for passenger trains exceeds 30 from the lateral load application point. mph, GRMS inspections must be per- (6) Portable Track Loading Fixture formed annually at an interval not to (PTLF) means a portable track loading exceed 14 months; or device capable of applying an increas- (2) On line segments where the an- ing lateral force from 0 to 4,000 pounds nual tonnage is two million gross tons on the web/base fillet of each rail si- or less and the maximum operating multaneously. speed for passenger trains does not ex- (7) Projected Loaded Gage (PLG) means ceed 30 mph, the interval between an extrapolated value for loaded gage GRMS inspections must not exceed 24 calculated from actual measured loads months. and deflections. PLG 24 means the ex- (p) As used in this section— trapolated value for loaded gage under (1) Gage Restraint Measurement System a 24,000 pound lateral load and a 33,000 (GRMS) means a track loading vehicle pound vertical load. meeting the minimum design require- (8) Unloaded Track Gage (UTG) means ments specified in this section. the gage measured by the GRMS vehi- (2) Gage Widening Ratio (GWR) means cle at a point no less than 10 feet from the measured difference between load- any lateral or vertical load. ed and unloaded gage measurements, linearly normalized to 16,000 pounds of [66 FR 1899, Jan. 10, 2001; 66 FR 8372, Jan. 31, applied lateral load. 2001] (3) L/V ratio means the numerical ratio of lateral load applied at a point § 213.113 Defective rails. on the rail to the vertical load applied (a) When an owner of track to which at that same point. GRMS design re- this part applies learns, through in- quirements specify an L/V ratio of be- spection or otherwise, that a rail in tween 0.5 and 1.25. GRMS vehicles that track contains any of the defects using load combinations developing L/ listed in the following table, a person V ratios which exceed 0.8 must be oper- designated under § 213.7 shall determine ated with caution to protect against whether or not the track may continue the risk of wheel climb by the test in use. If he determines that the track wheelset. may continue in use, operation over (4) Load severity means the amount of the defective rail is not permitted lateral load applied to the fastener sys- until— tem after friction between rail and tie (1) The rail is replaced; or is overcome by any applied gage-wid- (2) The remedial action prescribed in ening lateral load. the table is initiated.

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NOTES: A. Assign person designated under A2. Assign person designated under § 213.7 § 213.7 to visually supervise each operation to make visual inspection. After a visual in- over defective rail. spection, that person may authorize oper- ation to continue without continuous visual

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supervision at a maximum of 10 m.p.h. for up crystalline center or nucleus inside the to 24 hours prior to another such visual in- head from which it spreads outward as spection or replacement or repair of the rail. a smooth, bright, or dark, round or B. Limit operating speed over defective rail to that as authorized by a person des- oval surface substantially at a right ignated under § 213.7(a), who has at least one angle to the length of the rail. The dis- year of supervisory experience in railroad tinguishing features of a transverse fis- track maintenance. The operating speed can- sure from other types of fractures or not be over 30 m.p.h. or the maximum allow- defects are the crystalline center or able speed under § 213.9 for the class of track nucleus and the nearly smooth surface concerned, whichever is lower. of the development which surrounds it. C. Apply joint bars bolted only through the outermost holes to defect within 20 days (2) Compound fissure means a progres- after it is determined to continue the track sive fracture originating in a hori- in use. In the case of Classes 3 through 5 zontal split head which turns up or track, limit operating speed over defective down in the head of the rail as a rail to 30 m.p.h. until joint bars are applied; smooth, bright, or dark surface pro- thereafter, limit speed to 50 m.p.h. or the gressing until substantially at a right maximum allowable speed under § 213.9 for angle to the length of the rail. Com- the class of track concerned, whichever is pound fissures require examination of lower. When a search for internal rail defects is conducted under § 213.237, and defects are both faces of the fracture to locate the discovered in Classes 3 through 5 which re- horizontal split head from which they quire remedial action C, the operating speed originate. shall be limited to 50 m.p.h., or the max- (3) Horizontal split head means a hori- imum allowable speed under § 213.9 for the zontal progressive defect originating class of track concerned, whichever is lower, inside of the rail head, usually one- for a period not to exceed 4 days. If the defec- quarter inch or more below the running tive rail has not been removed from the track or a permanent repair made within 4 surface and progressing horizontally in days of the discovery, limit operating speed all directions, and generally accom- over the defective rail to 30 m.p.h. until joint panied by a flat spot on the running bars are applied; thereafter, limit speed to 50 surface. The defect appears as a crack m.p.h. or the maximum allowable speed lengthwise of the rail when it reaches under § 213.9 for the class of track concerned, the side of the rail head. whichever is lower. (4) Vertical split head means a vertical D. Apply joint bars bolted only through the split through or near the middle of the outermost holes to defect within 10 days after it is determined to continue the track head, and extending into or through it. in use. In the case of Classes 3 through 5 A crack or rust streak may show under track, limit operating speed over the defec- the head close to the web or pieces may tive rail to 30 m.p.h. or less as authorized by be split off the side of the head. a person designated under § 213.7(a), who has (5) Split web means a lengthwise at least one year of supervisory experience in crack along the side of the web and ex- railroad track maintenance, until joint bars tending into or through it. are applied; thereafter, limit speed to 50 (6) Piped rail means a vertical split in m.p.h. or the maximum allowable speed under § 213.9 for the class of track concerned, a rail, usually in the web, due to fail- whichever is lower. ure of the shrinkage cavity in the ingot E. Apply joint bars to defect and bolt in ac- to unite in rolling. cordance with § 213.121(d) and (e). (7) Broken base means any break in F. Inspect rail 90 days after it is deter- the base of the rail. mined to continue the track in use. (8) Detail fracture means a progressive G. Inspect rail 30 days after it is deter- fracture originating at or near the sur- mined to continue the track in use. H. Limit operating speed over defective face of the rail head. These fractures rail to 50 m.p.h. or the maximum allowable should not be confused with transverse speed under § 213.9 for the class of track con- fissures, compound fissures, or other cerned, whichever is lower. defects which have internal origins. I. Limit operating speed over defective rail Detail fractures may arise from shelly to 30 m.p.h. or the maximum allowable speed spots, head checks, or flaking. under § 213.9 for the class of track concerned, (9) Engine burn fracture means a pro- whichever is lower. gressive fracture originating in spots (b) As used in this section— where driving wheels have slipped on (1) Transverse fissure means a progres- top of the rail head. In developing sive crosswise fracture starting from a downward they frequently resemble the

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compound or even transverse fissures separating the head from the web of with which they should not be confused the rail at the head fillet area. or classified. [63 FR 34029, June 22, 1998; 63 FR 51639, Sept. (10) Ordinary break means a partial or 28, 1998] complete break in which there is no sign of a fissure, and in which none of § 213.115 Rail end mismatch. the other defects described in this Any mismatch of rails at joints may paragraph (b) are found. not be more than that prescribed by (11) Damaged rail means any rail bro- the following table— ken or injured by wrecks, broken, flat, or unbalanced wheels, slipping, or simi- Any mismatch of rails at joints may lar causes. not be more than the following— (12) Flattened rail means a short Class of track On the gage side On the tread of of the rail ends length of rail, not at a joint, which has the rail ends (inch) (inch) flattened out across the width of the Class 1 track ...... 1⁄4 1⁄4 rail head to a depth of 3⁄8 inch or more Class 2 track ...... 1⁄4 3⁄16 below the rest of the rail. Flattened Class 3 track ...... 3⁄16 3⁄16 rail occurrences have no repetitive reg- Class 4 and 5 track 1⁄8 1⁄8 ularity and thus do not include cor- rugations, and have no apparent local- § 213.118 Continuous welded rail ized cause such as a weld or engine (CWR); plan review and approval. burn. Their individual length is rel- (a) Each track owner with track con- atively short, as compared to a condi- structed of CWR shall have in effect tion such as head flow on the low rail and comply with a plan that contains of curves. written procedures which address: the (13) Bolt hole crack means a crack installation, adjustment, maintenance, across the web, originating from a bolt and inspection of CWR; inspection of hole, and progressing on a path either CWR joints; and a training program for inclined upward toward the rail head or the application of those procedures. inclined downward toward the base. (b) The track owner shall file its Fully developed bolt hole cracks may CWR plan with the FRA Associate Ad- continue horizontally along the head/ ministrator for Railroad Safety/Chief web or base/web fillet, or they may Safety Officer (Associate Adminis- progress into and through the head or trator). Within 30 days of receipt of the base to separate a piece of the rail end submission, FRA will review the plan from the rail. Multiple cracks occur- for compliance with this subpart. FRA ring in one rail end are considered to will approve, disapprove or condi- be a single defect. However, bolt hole tionally approve the submitted plan, cracks occurring in adjacent rail ends and will provide written notice of its within the same joint must be reported determination. as separate defects. (c) The track owner’s existing plan (14) Defective weld means a field or shall remain in effect until the track plant weld containing any discontinu- owner’s new plan is approved or condi- ities or pockets, exceeding 5 percent of tionally approved and is effective pur- the rail head area individually or 10 suant to paragraph (d) of this section. percent in the aggregate, oriented in or (d) The track owner shall, upon re- near the transverse plane, due to in- ceipt of FRA’s approval or conditional complete penetration of the weld metal approval, establish the plan’s effective between the rail ends, lack of fusion date. The track owner shall advise in between weld and rail end metal, en- writing FRA and all affected employees trainment of slag or sand, under-bead of the effective date. or other shrinkage cracking, or fatigue (e) FRA, for cause stated, may, sub- cracking. Weld defects may originate sequent to plan approval or conditional in the rail head, web, or base, and in approval, require revisions to the plan some cases, cracks may progress from to bring the plan into conformity with the defect into either or both adjoining this subpart. Notice of a revision re- rail ends. quirement shall be made in writing and (15) Head and web separation means a specify the basis of FRA’s requirement. progressive fracture, longitudinally The track owner may, within 30 days of

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the revision requirement, respond and (i) Weld the joint; provide written submissions in support (ii) Replace the broken bar(s), replace of the original plan. FRA renders a the broken bolts, adjust the anchors final decision in writing. Not more and, within 30 days, weld the joint; than 30 days following any final deci- (iii) Replace the broken bar(s), re- sion requiring revisions to a CWR plan, place the broken bolts, install one ad- the track owner shall amend the plan ditional bolt per rail end, and adjust in accordance with FRA’s decision and anchors; resubmit the conforming plan. The (iv) Replace the broken bar(s), re- conforming plan becomes effective place the broken bolts, and anchor upon its submission to FRA. every tie 195 feet in both directions [74 FR 43002, Aug. 25, 2009] from the CWR joint; or (v) Replace the broken bar(s), replace § 213.119 Continuous welded rail the broken bolts, add rail with provi- (CWR); plan contents. sions for later adjustment pursuant to The track owner shall comply with paragraph (d)(2) of this section, and re- the contents of the CWR plan approved apply the anchors. or conditionally approved under (d) Procedures which specifically ad- § 213.118. The plan shall contain the fol- dress maintaining a desired rail instal- lowing elements— lation temperature range when cutting (a) Procedures for the installation CWR, including rail repairs, in-track and adjustment of CWR which in- , and in conjunction with ad- clude— justments made in the area of tight (1) Designation of a desired rail in- track, a track buckle, or a pull-apart. stallation temperature range for the Rail repair practices shall take into geographic area in which the CWR is consideration existing rail temperature located; and so that— (2) De-stressing procedures/methods (1) When rail is removed, the length which address proper attainment of the installed shall be determined by taking desired rail installation temperature into consideration the existing rail range when adjusting CWR. temperature and the desired rail instal- (b) Rail anchoring or fastening re- lation temperature range; and quirements that will provide sufficient (2) Under no circumstances should restraint to limit longitudinal rail and rail be added when the rail tempera- crosstie movement to the extent prac- ture is below that designated by para- tical, and specifically addressing CWR graph (a)(1) of this section, without rail anchoring or fastening patterns on provisions for later adjustment. bridges, bridge approaches, and at (e) Procedures which address the other locations where possible longitu- monitoring of CWR in curved track for dinal rail and crosstie movement asso- inward shifts of alinement toward the ciated with normally expected train-in- center of the curve as a result of dis- duced forces, is restricted. (c) CWR joint installation and main- turbed track. tenance procedures which require (f) Procedures which govern train that— speed on CWR track when— (1) Each rail shall be bolted with at (1) Maintenance work, track rehabili- least two bolts at each CWR joint; tation, track construction, or any (2) In the case of a bolted joint in- other event occurs which disturbs the stalled during CWR installation after roadbed or ballast section and reduces October 21, 2009, the track owner shall the lateral or longitudinal resistance of either, within 60 days— the track; and (i) Weld the joint; (2) The difference between the aver- (ii) Install a joint with six bolts; or age rail temperature and the average (iii) Anchor every tie 195 feet in both rail neutral temperature is in a range directions from the joint; and that causes -prone conditions (3) In the case of a bolted joint in to be present at a specific location; and CWR experiencing service failure or a (3) In formulating the procedures failed bar with a rail gap present, the under paragraphs (f)(1) and (f)(2) of this track owner shall either— section, the track owner shall—

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(i) Determine the speed required, and cluding, at a minimum, periodic on- the duration and subsequent removal foot inspections; of any speed restriction based on the (2) Identify joint bars with visible or restoration of the ballast, along with otherwise detectable cracks and con- sufficient ballast re-consolidation to duct remedial action pursuant to stabilize the track to a level that can § 213.121; accommodate expected train-induced (3) Specify the conditions of actual or forces. Ballast re-consolidation can be potential joint failure for which per- achieved through either the passage of sonnel must inspect, including, at a train tonnage or mechanical stabiliza- minimum, the following items: tion procedures, or both; and (i) Loose, bent, or missing joint bolts; (ii) Take into consideration the type of crossties used. (ii) Rail end batter or mismatch that (g) Procedures which prescribe when contributes to instability of the joint; physical track inspections are to be and performed. (iii) Evidence of excessive longitu- (1) At a minimum, these procedures dinal rail movement in or near the shall address inspecting track to iden- joint, including, but not limited to; tify— wide rail gap, defective joint bolts, dis- (i) Buckling-prone conditions in CWR turbed ballast, surface deviations, gap track, including— between tie plates and rail, or dis- (A) Locations where tight or kinky placed rail anchors; rail conditions are likely to occur; and (4) Specify the procedures for the in- (B) Locations where track work of spection of CWR joints that are the nature described in paragraph imbedded in highway-rail crossings or (f)(1)(i) of this section has recently in other structures that prevent a com- been performed; and plete inspection of the joint, including (ii) Pull-apart prone conditions in procedures for the removal from the CWR track, including locations where joint of loose material or other tem- pull-apart or stripped-joint rail condi- porary material; tions are likely to occur; and (5) Specify the appropriate corrective (2) In formulating the procedures under paragraph (g)(1) of this section, actions to be taken when personnel the track owner shall— find conditions of actual or potential (i) Specify when the inspections will joint failure, including on-foot follow- be conducted; and up inspections to monitor conditions of (ii) Specify the appropriate remedial potential joint failure in any period actions to be taken when either buck- prior to completion of repairs; ling-prone or pull-apart prone condi- (6) Specify the timing of periodic in- tions are found. spections, which shall be based on the (h) Procedures which prescribe the configuration and condition of the scheduling and conduct of inspections joint: to detect cracks and other indications (i) Except as provided in paragraphs of potential failures in CWR joints. In (h)(6)(ii) through (h)(6)(iv) of this sec- formulating the procedures under this tion, track owners must specify that paragraph, the track owner shall— all CWR joints are inspected, at a min- (1) Address the inspection of joints imum, in accordance with the intervals and the track structure at joints, in- identified in the following table:

MINIMUM NUMBER OF INSPECTIONS PER CALENDAR YEAR 1

Freight trains operating over track with an annual Passenger trains operating tonnage of: over track with an annual ton- nage of: Less than 40 Greater than Greater than mgt 40 to 60 mgt 60 mgt Less than 20 or equal to 20 mgt mgt

Class 5 & above ...... 2 3 2 42 32 32 Class 4 ...... 2 3 2 42 2 3 2 Class 3...... 1 2 2 2 2 Class 2...... 0 0 0 1 1

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MINIMUM NUMBER OF INSPECTIONS PER CALENDAR YEAR 1—Continued

Freight trains operating over track with an annual Passenger trains operating tonnage of: over track with an annual ton- nage of: Less than 40 Greater than Greater than mgt 40 to 60 mgt 60 mgt Less than 20 or equal to 20 mgt mgt

Class 1...... 0 0 0 0 0 Excepted Track ...... 0 0 0 n/a n/a

4 = Four times per calendar year, with one inspection in each of the following periods: January to March, April to June, July to September, and October to December; and with consecutive inspections separated by at least 60 calendar days. 3 = Three times per calendar year, with one inspection in each of the following periods: January to April, May to August, and September to December; and with consecutive inspections separated by at least 90 calendar days. 2 = Twice per calendar year, with one inspection in each of the following periods: January to June and July to December; and with consecutive inspections separated by at least 120 calendar days. 1 = Once per calendar year, with consecutive inspections separated by at least 180 calendar days. 1 Where a track owner operates both freight and passenger trains over a given segment of track, and there are two different possible inspection interval requirements, the more frequent inspection interval applies. 2 When extreme weather conditions prevent a track owner from conducting an inspection of a particular territory within the re- quired interval, the track owner may extend the interval by up to 30 calendar days from the last day that the extreme weather condition prevented the required inspection.

(ii) Consistent with any limitations the requirements in § 213.241. A track applied by the track owner, a passenger owner may include in its § 213.235 in- train conducting an unscheduled de- spections, in lieu of the joint inspec- tour operation may proceed over track tions required by paragraph (h)(6)(i) of not normally used for passenger oper- this section, CWR joints that are lo- ations at a speed not to exceed the cated in track structure that is adja- maximum authorized speed otherwise cent to switches and turnouts, provided allowed, even though CWR joints have that the track owner precisely defines not been inspected in accordance with the parameters of that arrangement in the frequency identified in paragraph the CWR plans. (h)(6)(i) of this section, provided that: (7) Specify the recordkeeping require- (A) All CWR joints have been in- ments related to joint bars in CWR, in- spected consistent with requirements cluding the following: for freight service; and (i) The track owner shall keep a (B) The unscheduled detour operation record of each periodic and follow-up lasts no more than 14 consecutive cal- inspection required to be performed by endar days. In order to continue oper- the track owner’s CWR plan, except for ations beyond the 14-day period, the those inspections conducted pursuant track owner must inspect the CWR to § 213.235 for which track owners must joints in accordance with the require- maintain records pursuant to § 213.241. ments of paragraph (h)(6)(i) of this sec- The record shall be prepared on the day tion. the inspection is made and signed by (iii) Tourist, scenic, historic, or ex- the person making the inspection. The cursion operations, if limited to the record shall include, at a minimum, maximum authorized speed for pas- the following items: the boundaries of senger trains over the next lower class the territory inspected; the nature and of track, need not be considered in de- location of any deviations at the joint termining the frequency of inspections from the requirements of this part or under paragraph (h)(6)(i) of this sec- of the track owner’s CWR plan, with tion. the location identified with sufficient (iv) All CWR joints that are located precision that personnel could return in switches, turnouts, track crossings, to the joint and identify it without am- lift rail assemblies or other transition biguity; the date of the inspection; the devices on moveable bridges must be remedial action, corrective action, or inspected on foot at least monthly, both, that has been taken or will be consistent with the requirements in taken; and the name or identification § 213.235; and all records of those inspec- number of the person who made the in- tions must be kept in accordance with spection.

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(ii) The track owner shall generate a (i) The track owner shall submit the Fracture Report for every cracked or proposed alternate procedures and a broken CWR joint bar that the track supporting statement of justification owner discovers during the course of an to the Associate Administrator. inspection conducted pursuant to (ii) If the Associate Administrator § 213.119(g), § 213.233, or § 213.235 on track finds that the proposed alternate pro- that is required under § 213.119(h)(6)(i) cedures provide an equivalent or higher to be inspected. level of safety than the requirements (A) The Fracture Report shall be pre- in paragraphs (h)(1) through (h)(7) of pared on the day the cracked or broken this section, the Associate Adminis- joint bar is discovered. The Report trator will approve the alternate proce- shall include, at a minimum: the rail- dures by notifying the track owner in road name; the location of the joint bar writing. The Associate Administrator as identified by milepost and subdivi- will specify in the written notification sion; the class of track; annual million the date on which the procedures will gross tons for the previous calendar become effective, and after that date, year; the date of discovery of the crack the track owner shall comply with the or break; the rail section; the type of procedures. If the Associate Adminis- bar (standard, insulated, or com- trator determines that the alternate promise); the number of holes in the procedures do not provide an equiva- joint bar; a general description of the lent level of safety, the Associate Ad- location of the crack or break in bar; ministrator will disapprove the alter- the visible length of the crack in nate procedures in writing, and the inches; the gap measurement between track owner shall continue to comply rail ends; the amount and length of rail with the requirements in paragraphs end batter or ramp on each rail end; (h)(1) through (h)(7) of this section. the amount of tread mismatch; the (iii) While a determination is pending vertical movement of joint; and in with the Associate Administrator on a curves or spirals, the amount of gage request submitted pursuant to para- graph (h)(8) of this section, the track mismatch and the lateral movement of owner shall continue to comply with the joint. the requirements contained in para- (B) The track owner shall submit the graphs (h)(1) through (h)(7) of this sec- information contained in the Fracture tion. Reports to the FRA Associate Adminis- (i) The track owner shall have in ef- trator twice annually, by July 31 for fect a comprehensive training program the preceding six-month period from for the application of these written January 1 through June 30 and by Jan- CWR procedures, with provisions for uary 31 for the preceding six-month pe- annual re-training, for those individ- riod from July 1 through December 31. uals designated under § 213.7(c) as quali- (C) After February 1, 2010, any track fied to supervise the installation, ad- owner may petition FRA to conduct a justment, and maintenance of CWR technical conference to review the track and to perform inspections of Fracture Report data submitted CWR track. The track owner shall through December of 2009 and assess make the training program available whether there is a continued need for for review by FRA upon request. the collection of Fracture Report data. (j) The track owner shall prescribe The track owner shall submit a written and comply with recordkeeping re- request to the Associate Adminis- quirements necessary to provide an trator, requesting the technical con- adequate history of track constructed ference and explaining the reasons for with CWR. At a minimum, these proposing to discontinue the collection records must include: of the data. (1) Rail temperature, location, and (8) In lieu of the requirements for the date of CWR installations. Each record inspection of rail joints contained in shall be retained for at least one year; paragraphs (h)(1) through (h)(7) of this (2) A record of any CWR installation section, a track owner may seek ap- or maintenance work that does not proval from FRA to use alternate pro- conform to the written procedures. cedures. Such record shall include the location

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of the rail and be maintained until the Desired rail installation temperature CWR is brought into conformance with range means the rail temperature such procedures; and range, within a specific geographical (3) Information on inspection of rail area, at which forces in CWR should joints as specified in paragraph (h)(7) of not cause a buckling incident in ex- this section. treme heat, or a pull apart during ex- (k) The track owner shall make read- treme cold weather. ily available, at every job site where Disturbed track means the disturbance personnel are assigned to install, in- of the roadbed or ballast section, as a spect or maintain CWR, a copy of the result of track maintenance or any track owner’s CWR procedures and all other event, which reduces the lateral revisions, appendices, updates, and ref- or longitudinal resistance of the track, erenced materials related thereto prior or both. to their effective date. Such CWR pro- Mechanical stabilization means a type cedures shall be issued and maintained of procedure used to restore track re- in one CWR standards and procedures sistance to disturbed track following manual. certain maintenance operations. This (l) As used in this section— procedure may incorporate dynamic Adjusting/de-stressing means a proce- track stabilizers or ballast dure by which a rail’s neutral tempera- consolidators, which are units of work ture is re-adjusted to the desired value. equipment that are used as a sub- It typically consists of cutting the rail stitute for the stabilization action pro- and removing rail anchoring devices, vided by the passage of tonnage trains. which provides for the necessary ex- Pull apart or stripped joint means a pansion and contraction, and then re- condition when no bolts are mounted assembling the track. through a joint on the rail end, rending Annual re-training means training the joint bar ineffective due to exces- every calendar year. sive expansive or contractive forces. Buckling incident means the forma- Pull-apart prone condition means a tion of a lateral misalignment suffi- condition when the actual rail tem- cient in magnitude to constitute a de- perature is below the rail neutral tem- viation from the Class 1 requirements perature at or near a joint where longi- specified in § 213.55. These normally tudinal tensile forces may affect the occur when rail temperatures are rel- fastenings at the joint. atively high and are caused by high Rail anchors mean those devices longitudinal compressive forces. which are attached to the rail and bear Buckling-prone condition means a against the side of the crosstie to con- track condition that can result in the trol longitudinal rail movement. Cer- track being laterally displaced due to tain types of rail fasteners also act as high compression forces caused by crit- rail anchors and control longitudinal ical rail temperature combined with rail movement by exerting a downward insufficient track strength and/or train clamping force on the upper surface of dynamics. the rail base. Continuous welded rail (CWR) means Rail neutral temperature is the tem- rail that has been welded together into perature at which the rail is neither in lengths exceeding 400 feet. Rail in- compression nor tension. stalled as CWR remains CWR, regard- Rail temperature means the tempera- less of whether a joint or plug is in- ture of the rail, measured with a rail stalled into the rail at a later time. thermometer. Corrective actions mean those actions Remedial actions mean those actions which track owners specify in their which track owners are required to CWR plans to address conditions of ac- take as a result of requirements of this tual or potential joint failure, includ- part to address a non-compliant condi- ing, as applicable, repair, restrictions tion. on operations, and additional on-foot Tight/kinky rail means CWR which ex- inspections. hibits minute alinement irregularities CWR joint means any joint directly which indicate that the rail is in a con- connected to CWR. siderable amount of compression.

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Tourist, scenic, historic, or excursion paragraph do not apply. Those loca- operations mean railroad operations tions when over 400 feet in length, are that carry passengers with the convey- considered to be continuous welded rail ance of the passengers to a particular track and shall meet all the require- destination not being the principal pur- ments for continuous welded rail track pose. prescribed in this part. Track lateral resistance means the re- (g) No rail shall have a bolt hole sistance provided by the rail/crosstie which is torch cut or burned in Classes structure against lateral displacement. 2 through 5 track. For Class 2 track, Track longitudinal resistance means this paragraph (g) is applicable Sep- the resistance provided by the rail an- tember 21, 1999. chors/rail fasteners and the ballast sec- (h) No joint bar shall be reconfigured tion to the rail/crosstie structure by torch cutting in Classes 3 through 5 against longitudinal displacement. track. Train-induced forces means the vertical, longitudinal, and lateral dy- § 213.122 Torch cut rail. namic forces which are generated dur- (a) Except as a temporary repair in ing train movement and which can con- emergency situations no rail having a tribute to the buckling potential of the torch cut end shall be used in Classes 3 rail. through 5 track. When a rail end is Unscheduled detour operation means a torch cut in emergency situations, short-term, unscheduled operation train speed over that rail end shall not where a track owner has no more than exceed the maximum allowable for 14 calendar days’ notice that the oper- Class 2 track. For existing torch cut ation is going to occur. rail ends in Classes 3 through 5 track [74 FR 43002, Aug. 25, 2009, as amended at 74 the following shall apply— FR 53889, Oct. 21, 2009; 75 FR 4705, Jan. 29, (1) Within one year of September 21, 2010] 1998, all torch cut rail ends in Class 5 track shall be removed; § 213.121 Rail joints. (2) Within two years of September 21, (a) Each rail joint, insulated joint, 1998, all torch cut rail ends in Class 4 and compromise joint shall be of a track shall be removed; and structurally sound design and dimen- (3) Within one year of September 21, sions for the rail on which it is applied. 1998, all torch cut rail ends in Class 3 (b) If a joint bar on Classes 3 through track over which regularly scheduled 5 track is cracked, broken, or because passenger trains operate, shall be of wear allows excessive vertical move- inventoried by the track owner. ment of either rail when all bolts are (b) Following the expiration of the tight, it shall be replaced. time limits specified in paragraphs (c) If a joint bar is cracked or broken (a)(1), (2), and (3) of this section, any between the middle two bolt holes it torch cut rail end not removed from shall be replaced. Classes 4 and 5 track, or any torch cut (d) In the case of conventional joint- rail end not inventoried in Class 3 ed track, each rail shall be bolted with track over which regularly scheduled at least two bolts at each joint in passenger trains operate, shall be re- Classes 2 through 5 track, and with at moved within 30 days of discovery. least one bolt in Class 1 track. Train speed over that rail end shall not (e) In the case of continuous welded exceed the maximum allowable for rail track, each rail shall be bolted Class 2 track until removed. with at least two bolts at each joint. (f) Each joint bar shall be held in po- § 213.123 Tie plates. sition by track bolts tightened to allow (a) In Classes 3 through 5 track where the joint bar to firmly support the timber crossties are in use there shall abutting rail ends and to allow longitu- be tie plates under the running rails on dinal movement of the rail in the joint at least eight of any 10 consecutive to accommodate expansion and con- ties. traction due to temperature variations. (b) In Classes 3 through 5 track no When no-slip, joint-to-rail contact ex- metal object which causes a con- ists by design, the requirements of this centrated load by solely supporting a

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rail shall be allowed between the base point to the stock rail. Broken or of the rail and the bearing surface of cracked switch point rails will be sub- the tie plate. This paragraph (b) is ap- ject to the requirements of § 213.113, ex- plicable September 21, 1999.) cept that where remedial actions C, D, or E require the use of joint bars, and § 213.127 Rail fastening systems. joint bars cannot be placed due to the (a) Track shall be fastened by a sys- physical configuration of the switch, tem of components that effectively remedial action B will govern, taking maintains gage within the limits pre- into account any added safety provided scribed in § 213.53(b). Each component by the presence of reinforcing bars on of each such system shall be evaluated the switch points. to determine whether gage is effec- tively being maintained. (c) Each switch shall be maintained (b) If rail anchors are applied to con- so that the outer edge of the wheel crete crossties, the combination of the tread cannot contact the gage side of crossties, fasteners, and rail anchors the stock rail. must provide effective longitudinal re- (d) The heel of each switch rail shall straint. be secure and the bolts in each heel (c) Where fastener placement im- shall be kept tight. pedes insulated joints from performing (e) Each switch stand and connecting as intended, the fastener may be modi- rod shall be securely fastened and oper- fied or removed, provided that the able without excessive lost motion. crosstie supports the rail. (f) Each throw lever shall be main- [76 FR 18086, Apr. 1, 2011] tained so that it cannot be operated with the lock or keeper in place. § 213.133 Turnouts and track crossings (g) Each switch position indicator generally. shall be clearly visible at all times. (a) In turnouts and track crossings, (h) Unusually chipped or worn switch the fastenings shall be intact and points shall be repaired or replaced. maintained so as to keep the compo- Metal flow shall be removed to insure nents securely in place. Also, each proper closure. switch, frog, and guard rail shall be (i) Tongue & Plain Mate switches, kept free of obstructions that may which by design exceed Class 1 and ex- interfere with the passage of wheels. (b) Classes 3 through 5 track shall be cepted track maximum gage limits, are equipped with rail anchoring through permitted in Class 1 and excepted and on each side of track crossings and track. turnouts, to restrain rail movement af- fecting the position of switch points § 213.137 Frogs. and frogs. For Class 3 track, this para- (a) The flangeway depth measured graph (b) is applicable September 21, from a plane across the wheel-bearing 1999.) area of a frog on Class 1 track shall not (c) Each flangeway at turnouts and be less than 13⁄8 inches, or less than 11⁄2 track crossings shall be at least 11⁄2 inches on Classes 2 through 5 track. inches wide. (b) If a frog point is chipped, broken, § 213.135 Switches. or worn more than five-eighths inch down and 6 inches back, operating (a) Each stock rail must be securely speed over the frog shall not be more seated in switch plates, but care shall than 10 m.p.h. be used to avoid canting the rail by overtightening the rail braces. (c) If the tread portion of a frog cast- (b) Each switch point shall fit its ing is worn down more than three- stock rail properly, with the switch eighths inch below the original con- stand in either of its closed positions tour, operating speed over that frog to allow wheels to pass the switch shall not be more than 10 m.p.h. point. Lateral and vertical movement (d) Where frogs are designed as of a stock rail in the switch plates or of -bearing, flangeway depth may a switch plate on a tie shall not ad- be less than that shown for Class 1 if versely affect the fit of the switch operated at Class 1 speeds.

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§ 213.139 Spring rail frogs. § 213.141 Self-guarded frogs. (a) The outer edge of a wheel tread (a) The raised guard on a self-guarded shall not contact the gage side of a frog shall not be worn more than three- spring wing rail. eighths of an inch. (b) The toe of each wing rail shall be (b) If repairs are made to a self- solidly tamped and fully and tightly guarded frog without removing it from bolted. service, the guarding face shall be re- (c) Each frog with a bolt hole defect stored before rebuilding the point. or head-web separation shall be re- placed. § 213.143 Frog guard rails and guard (d) Each spring shall have compres- faces; gage. sion sufficient to hold the wing rail against the point rail. The guard check and guard face (e) The clearance between the gages in frogs shall be within the lim- holddown housing and the horn shall its prescribed in the following table— not be more than one-fourth of an inch.

Guard face gage Guard check gage The distance between guard The distance between the gage line of a frog 1 1 lines , measured across the Class of track to the guard line of its guard rail or guarding track at right angles to the face, measured across the track at right an- 2 2 gage line , may not be more gles to the gage line , may not be less than— than—

Class 1 track ...... 4′61⁄8″ ...... 4′ 51⁄4″ Class 2 track ...... 4′61⁄4″ ...... 4′ 51⁄8″ Class 3 and 4 track ...... 4′ 63⁄8″ ...... 4′51⁄8″ Class 5 track ...... 4′61⁄2″ ...... 4′ 5″ 1 A line along that side of the flangeway which is nearer to the center of the track and at the same elevation as the gage line. 2 A line 5⁄8 inch below the top of the center line of the head of the running rail, or corresponding location of the tread portion of the track structure.

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Subpart E—Track Appliances and visual inspection. If a vehicle is used Track-Related Devices for visual inspection, the speed of the vehicle may not be more than 5 miles § 213.201 Scope. per hour when passing over track This subpart prescribes minimum re- crossings and turnouts, otherwise, the quirements for certain track appli- inspection vehicle speed shall be at the ances and track-related devices. sole discretion of the inspector, based on track conditions and inspection re- § 213.205 Derails. quirements. When riding over the track (a) Each shall be clearly visi- in a vehicle, the inspection will be sub- ble. ject to the following conditions— (b) When in a locked position, a de- (1) One inspector in a vehicle may in- rail shall be free of lost motion which spect up to two tracks at one time pro- would prevent it from performing its vided that the inspector’s visibility re- intended function. mains unobstructed by any cause and (c) Each derail shall be maintained to that the second track is not centered function as intended. more than 30 feet from the track upon (d) Each derail shall be properly in- which the inspector is riding; stalled for the rail to which it is ap- (2) Two inspectors in one vehicle may plied. (This paragraph (d) is applicable inspect up to four tracks at a time pro- September 21, 1999.) vided that the inspectors’ visibility re- mains unobstructed by any cause and Subpart F—Inspection that each track being inspected is cen- tered within 39 feet from the track § 213.231 Scope. upon which the inspectors are riding; This subpart prescribes requirements (3) Each main track is actually tra- for the frequency and manner of in- versed by the vehicle or inspected on specting track to detect deviations foot at least once every two weeks, and from the standards prescribed in this each is actually traversed by the part. vehicle or inspected on foot at least once every month. On high density § 213.233 Track inspections. commuter railroad lines where track (a) All track shall be inspected in ac- time does not permit an on track vehi- cordance with the schedule prescribed cle inspection, and where track centers in paragraph (c) of this section by a are 15 foot or less, the requirements of person designated under § 213.7. this paragraph (b)(3) will not apply; (b) Each inspection shall be made on and foot or by riding over the track in a ve- (4) Track inspection records shall in- hicle at a speed that allows the person dicate which track(s) are traversed by making the inspection to visually in- the vehicle or inspected on foot as out- spect the track structure for compli- lined in paragraph (b)(3) of this section. ance with this part. However, mechan- (c) Each track inspection shall be ical, electrical, and other track inspec- made in accordance with the following tion devices may be used to supplement schedule—

Class of track Type of track Required frequency

Excepted track and Class 1, 2, and 3 Main track and sidings ...... Weekly with at least 3 calendar days in- track. terval between inspections, or before use, if the track is used less than once a week, or twice weekly with at least 1 calendar day interval between inspec- tions, if the track carries passenger trains or more than 10 million gross tons of traffic during the preceding cal- endar year. Excepted track and Class 1, 2, and 3 Other than main track and sidings ...... Monthly with at least 20 calendar days track. interval between inspections. Class 4 and 5 track ...... Twice weekly with at least 1 calendar day interval between inspections.

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(d) If the person making the inspec- section because of train operation tion finds a deviation from the require- interruption shall be reinspected with- ments of this part, the inspector shall in 45 days of the resumption of train immediately initiate remedial action. operations by a walking or automated inspection. If this inspection is con- NOTE TO § 213.233: Except as provided in paragraph (b) of this section, no part of this ducted as a walking inspection, the section will in any way be construed to limit next inspection shall be an automated the inspector’s discretion as it involves in- inspection as prescribed in this para- spection speed and sight distance. graph. (c) Nonapplication. Sections of tan- § 213.234 Automated inspection of gent track 600 feet or less constructed track constructed with concrete of concrete crossties, including, but crossties. not limited to, isolated track seg- (a) General. Except for track de- ments, experimental or test track seg- scribed in paragraph (c) of this section, ments, highway-rail crossings, and the provisions in this section are appli- wayside detectors, are excluded from cable on and after January 1, 2012. In the requirements of this section. addition to the track inspection re- (d) Performance standard for automated quired under § 213.233, for Class 3 main inspection measurement system. The track constructed with concrete cross- automated inspection measurement ties over which regularly scheduled system must be capable of measuring passenger service trains operate, and and processing rail seat deterioration for Class 4 and 5 main track con- requirements that specify the fol- structed with concrete crossties, auto- lowing: mated inspection technology shall be (1) An accuracy, to within 1⁄8 of an used as indicated in paragraph (b) of inch; this section, as a supplement to visual inspection, by Class I railroads (includ- (2) A distance-based sampling inter- ing ), Class II railroads, other val, which shall not exceed five feet; intercity passenger railroads, and com- and muter railroads or small governmental (3) Calibration procedures and param- jurisdictions that serve populations eters assigned to the system, which as- greater than 50,000. Automated inspec- sure that measured and recorded values tion shall identify and report excep- accurately represent rail seat deterio- tions to conditions described in ration. § 213.109(d)(4). (e) Exception reports to be produced by (b) Frequency of automated inspections. system; duty to field-verify exceptions. Automated inspections shall be con- The automated inspection measure- ducted at the following frequencies: ment system shall produce an excep- (1) If annual tonnage on Class 4 and 5 tion report containing a systematic main track and Class 3 main track listing of all exceptions to with regularly scheduled passenger § 213.109(d)(4), identified so that an ap- service, exceeds 40 million gross tons propriate person(s) designated as fully (mgt) annually, at least twice each cal- qualified under § 213.7 can field-verify endar year, with no less than 160 days each exception. between inspections. (1) Each exception must be located (2) If annual tonnage on Class 4 and 5 and field-verified no later than 48 hours main track and Class 3 main track after the automated inspection. with regularly scheduled passenger (2) All field-verified exceptions are service is equal to or less than 40 mgt subject to all the requirements of this annually, at least once each calendar part. year. (f) Recordkeeping requirements. The (3) On Class 3, 4, and 5 main track track owner shall maintain and make with exclusively passenger service, ei- available to FRA a record of the in- ther an automated inspection or walk- spection data and the exception record ing inspection must be conducted once for the track inspected in accordance per calendar year. with this paragraph for a minimum of (4) Track not inspected in accordance two years. The exception reports must with paragraph (b)(1) or (b)(2) of this include the following:

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(1) Date and location of limits of the inspection measurement system must be ca- inspection; pable of indicating and processing rail seat (2) Type and location of each excep- deterioration requirements that specify the tion; following: 1 (3) Results of field verification; and (1) An accuracy, to within ⁄8 of an inch; (4) Remedial action if required. (2) A distance-based sampling interval, which shall not exceed five feet; and (g) Procedures for integrity of data. The (3) Calibration procedures and parameters track owner shall institute the nec- assigned to the system, which assure that in- essary procedures for maintaining the dicated and recorded values accurately rep- integrity of the data collected by the resent rail seat deterioration. measurement system. At a minimum, (e) Exception reports to be produced by sys- the track owner shall do the following: tem; duty to field-verify exceptions. The auto- (1) Maintain and make available to mated inspection measurement system shall FRA documented calibration proce- produce an exception report containing a dures of the measurement system that, systematic listing of all exceptions to at a minimum, specify an instrument § 213.109(d)(4), identified so that an appro- priate person(s) designated as fully qualified verification procedure that ensures under § 213.7 can field-verify each exception. correlation between measurements (1) Exception reports must be provided to made on the ground and those recorded or be made available to all persons des- by the instrumentation; and ignated as fully qualified under § 213.7 and (2) Maintain each instrument used whose territories are subject to the require- for determining compliance with this ments of § 213.234. section such that it accurately meas- (2) Each exception must be located and ures the depth of rail seat deteriora- field-verified no later than 48 hours after the tion in accordance with paragraph automated inspection. (d)(1) of this section. (3) All field-verified exceptions are subject (h) Training. The track owner shall to all the requirements of this part. provide annual training in handling (4) Exception reports must note areas iden- tified between 3⁄8 of an inch and 1⁄2 of an inch rail seat deterioration exceptions to all as an ‘‘alert.’’ persons designated as fully qualified under § 213.7 and whose territories are subject to the requirements of § 213.234. * * * * * At a minimum, the training shall ad- (g) Procedures for integrity of data. The dress the following: track owner shall institute the necessary (1) Interpretation and handling of the procedures for maintaining the integrity of exception reports generated by the the data collected by the measurement sys- automated inspection measurement tem. At a minimum, the track owner shall system; do the following: (2) Locating and verifying exceptions (1) Maintain and make available to FRA documented calibration procedures of the in the field and required remedial ac- measurement system that, at a minimum, tion; and specify an instrument verification procedure (3) Recordkeeping requirements. that ensures correlation between measure- [76 FR 18086, Apr. 1, 2011] ments made on the ground and those re- corded by the instrumentation; and EFFECTIVE DATE NOTE: At 76 FR 55825, (2) Maintain each instrument used for de- Sept. 19, 2011, § 213.234 was amended by revis- termining compliance with this section such ing the first sentence of paragraph (a) and that it accurately provides an indication of paragraphs (d), (e) and (g), effective Novem- the depth of rail seat deterioration in ac- ber 8, 2011 For the convenience of the user, cordance with paragraph (d)(1) of this sec- the revised text is set forth as follows: tion. § 213.234 Automated inspection of track con- structed with concrete crossties. * * * * * (a) General. Except for track described in paragraph (c) of this section, the provisions § 213.235 Inspection of switches, track in this section are applicable on and after crossings, and lift rail assemblies or July 1, 2012. * * * other transition devices on move- able bridges. * * * * * (a) Except as provided in paragraph (d) Performance standard for automated in- (c) of this section, each switch, turn- spection measurement system. The automated out, track crossing, and moveable

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bridge lift rail assembly or other tran- time as a valid search for internal de- sition device shall be inspected on foot fects can be made; or at least monthly. (3) Remove the rail from service. (b) Each switch in Classes 3 through 5 track that is held in position only by § 213.239 Special inspections. the operating mechanism and one con- In the event of fire, flood, severe necting rod shall be operated to all of storm, or other occurrence which its positions during one inspection in might have damaged track structure, a every 3 month period. special inspection shall be made of the (c) In the case of track that is used track involved as soon as possible after less than once a month, each switch, the occurrence and, if possible, before turnout, track crossing, and moveable the operation of any train over that bridge lift rail assembly or other tran- track. sition device shall be inspected on foot before it is used. § 213.241 Inspection records. (a) Each owner of track to which this § 213.237 Inspection of rail. part applies shall keep a record of each (a) In addition to the track inspec- inspection required to be performed on tions required by § 213.233, a continuous that track under this subpart. search for internal defects shall be (b) Each record of an inspection made of all rail in Classes 4 through 5 under §§ 213.4, 213.119, 213.233, and 213.235 track, and Class 3 track over which shall be prepared on the day the inspec- passenger trains operate, at least once tion is made and signed by the person every 40 million gross tons (mgt) or making the inspection. Records shall once a year, whichever interval is specify the track inspected, date of in- shorter. On Class 3 track over which spection, location and nature of any passenger trains do not operate such a deviation from the requirements of this search shall be made at least once part, and the remedial action taken by every 30 mgt or once a year, whichever the person making the inspection. The interval is longer. (This paragraph (a) owner shall designate the location(s) is applicable January 1, 1999. where each original record shall be (b) Inspection equipment shall be ca- maintained for at least one year after pable of detecting defects between the inspection covered by the record. joint bars, in the area enclosed by joint The owner shall also designate one lo- bars. cation, within 100 miles of each state in (c) Each defective rail shall be which they conduct operations, where marked with a highly visible marking copies of records which apply to those on both sides of the web and base. operations are either maintained or (d) If the person assigned to operate can be viewed following 10 days notice the rail defect detection equipment by the Federal Railroad Administra- being used determines that, due to rail tion. surface conditions, a valid search for (c) records shall internal defects could not be made over specify the date of inspection, the loca- a particular length of track, the test tion and nature of any internal defects on that particular length of track can- found, the remedial action taken and not be considered as a search for inter- the date thereof, and the location of nal defects under paragraph (a) of this any intervals of track not tested per section. (This paragraph (d) is not ret- § 213.237(d). The owner shall retain a roactive to tests performed prior to rail inspection record for at least two September 21, 1998. years after the inspection and for one (e) If a valid search for internal de- year after remedial action is taken. fects cannot be conducted for reasons (d) Each owner required to keep in- described in paragraph (d) of this sec- spection records under this section tion, the track owner shall, before the shall make those records available for expiration of time or tonnage limits— inspection and copying by the Federal (1) Conduct a valid search for inter- Railroad Administration. nal defects; (e) For purposes of compliance with (2) Reduce operating speed to a max- the requirements of this section, an imum of 25 miles per hour until such owner of track may maintain and

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transfer records through electronic § 213.303 Responsibility for compli- transmission, storage, and retrieval ance. provided that— (a) Any owner of track to which this (1) The electronic system be designed subpart applies who knows or has no- so that the integrity of each record is tice that the track does not comply maintained through appropriate levels with the requirements of this subpart, of security such as recognition of an shall— electronic signature, or other means, (1) Bring the track into compliance; which uniquely identify the initiating or person as the author of that record. No (2) Halt operations over that track. two persons shall have the same elec- (b) If an owner of track to which this tronic identity; subpart applies assigns responsibility (2) The electronic storage of each for the track to another person (by lease or otherwise), notification of the record shall be initiated by the person assignment shall be provided to the ap- making the inspection within 24 hours propriate FRA Regional Office at least following the completion of that in- 30 days in advance of the assignment. spection; The notification may be made by any (3) The electronic system shall en- party to that assignment, but shall be sure that each record cannot be modi- in writing and include the following— fied in any way, or replaced, once the (1) The name and address of the track record is transmitted and stored; owner; (4) Any amendment to a record shall (2) The name and address of the per- be electronically stored apart from the son to whom responsibility is assigned record which it amends. Each amend- (assignee); ment to a record shall be uniquely (3) A statement of the exact relation- identified as to the person making the ship between the track owner and the amendment; assignee; (5) The electronic system shall pro- (4) A precise identification of the vide for the maintenance of inspection track; records as originally submitted with- (5) A statement as to the competence and ability of the assignee to carry out out corruption or loss of data; the duties of the track owner under (6) Paper copies of electronic records this subpart; and amendments to those records, that (6) A statement signed by the as- may be necessary to document compli- signee acknowledging the assignment ance with this part shall be made avail- to that person of responsibility for pur- able for inspection and copying by the poses of compliance with this subpart. Federal Railroad Administration at the (c) The Administrator may hold the locations specified in paragraph (b) of track owner or the assignee or both re- this section; and sponsible for compliance with this sub- (7) Track inspection records shall be part and subject to the penalties under kept available to persons who per- § 213.15. formed the inspections and to persons (d) When any person, including a con- performing subsequent inspections. tractor for a railroad or track owner, performs any function required by this [63 FR 34029, June 22, 1998, as amended at 70 part, that person is required to perform FR 66298, Nov. 2, 2005] that function in accordance with this part. Subpart G—Train Operations at Track Classes 6 and Higher § 213.305 Designation of qualified indi- viduals; general qualifications. § 213.301 Scope of subpart. Each track owner to which this sub- This subpart applies to all track used part applies shall designate qualified individuals responsible for the mainte- for the operation of trains at a speed nance and inspection of track in com- greater than 90 m.p.h. for passenger pliance with the safety requirements equipment and greater than 80 m.p.h. prescribed in this subpart. Each indi- for freight equipment. vidual, including a contractor or an

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employee of a contractor who is not a (b) Inspect track for defects shall railroad employee, designated to: meet the following minimum qualifica- (a) Supervise restorations and renew- tions: als of track shall meet the following (1) At least: minimum requirements: (i) Five years of responsible experi- (1) At least; ence inspecting track in Class 4 or (i) Five years of responsible super- above and the successful completion of visory experience in railroad track a course offered by the employer or by maintenance in track Class 4 or higher a college level engineering program, and the successful completion of a supplemented by special on the job course offered by the employer or by a training emphasizing the techniques to college level engineering program, sup- be employed in the inspection of high plemented by special on the job train- speed track; or ing emphasizing the techniques to be (ii) A combination of at least one employed in the supervision, restora- year of responsible experience in track tion, and renewal of high speed track; inspection in Class 4 or above and the or successful completion of a minimum of (ii) A combination of at least one 80 hours of specialized training in the year of responsible supervisory experi- inspection of high speed track provided ence in track maintenance in Class 4 or by the employer or by a college level higher and the successful completion of engineering program, supplemented by a minimum of 80 hours of specialized special on the job training provided by training in the maintenance of high the employer with emphasis on the in- speed track provided by the employer spection of high speed track; or or by a college level engineering pro- (iii) A combination of at least two gram, supplemented by special on the years of experience in track mainte- job training provided by the employer nance in Class 4 or above and the suc- with emphasis on the maintenance of cessful completion of a minimum of 120 high speed track; or hours of specialized training in the in- (iii) A combination of at least two spection of high speed track provided years of experience in track mainte- by the employer or from a college level nance in track Class 4 or higher and engineering program, supplemented by the successful completion of a min- special on the job training provided by imum of 120 hours of specialized train- the employer with emphasis on the in- ing in the maintenance of high speed spection of high speed track. track provided by the employer or by a (2) Demonstrate to the track owner college level engineering program sup- that the individual: plemented by special on the job train- (i) Knows and understands the re- ing provided by the employer with em- quirements of this subpart; phasis on the maintenance of high (ii) Can detect deviations from those speed track. requirements; and (2) Demonstrate to the track owner (iii) Can prescribe appropriate reme- that the individual: dial action to correct or safely com- (i) Knows and understands the re- pensate for those deviations; and quirements of this subpart; (3) Be authorized in writing by the (ii) Can detect deviations from those track owner to prescribe remedial ac- requirements; and tions to correct or safely compensate (iii) Can prescribe appropriate reme- for deviations from the requirements in dial action to correct or safely com- this subpart and successful completion pensate for those deviations; and of a recorded examination on this sub- (3) Be authorized in writing by the part as part of the qualification proc- track owner to prescribe remedial ac- ess. tions to correct or safely compensate (c) Individuals designated under for deviations from the requirements of paragraphs (a) or (b) of this section this subpart and successful completion that inspect continuous welded rail of a recorded examination on this sub- (CWR) track or supervise the installa- part as part of the qualification proc- tion, adjustment, and maintenance of ess. CWR in accordance with the written

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procedures established by the track hours training is adequate for initial owner shall have: training; (1) Current qualifications under ei- (2) The person deems it safe, and ther paragraph (a) or (b) of this sec- train speeds are limited to a maximum tion; of 10 m.p.h. over the broken rail or pull (2) Successfully completed a training apart; course of at least eight hours duration (3) The person shall watch all move- specifically developed for the applica- ments over the broken rail or pull tion of written CWR procedures issued apart and be prepared to stop the train by the track owner; and if necessary; and (3) Demonstrated to the track owner (4) Person(s) fully qualified under that the individual: § 213.305 of this subpart are notified and (i) Knows and understands the re- dispatched to the location as soon as quirements of those written CWR pro- practicable for the purpose of author- cedures; izing movements and effectuating tem- (ii) Can detect deviations from those porary or permanent repairs. requirements; and (e) With respect to designations (iii) Can prescribe appropriate reme- under paragraphs (a), (b), (c) and (d) of dial action to correct or safely com- this section, each track owner shall pensate for those deviations; and maintain written records of: (4) Written authorization from the (1) Each designation in effect; track owner to prescribe remedial ac- (2) The basis for each designation, in- tions to correct or safely compensate cluding but not limited to: for deviations from the requirements in (i) The exact nature of any training those procedures and successful com- courses attended and the dates thereof; pletion of a recorded examination on (ii) The manner in which the track those procedures as part of the quali- owner has determined a successful fication process. The recorded exam- completion of that training course, in- ination may be written, or it may be a cluding test scores or other qualifying computer file with the results of an results; interactive training course. (3) Track inspections made by each (d) Persons not fully qualified to su- individual as required by § 213.369. pervise certain renewals and inspect These records shall be made available track as outlined in paragraphs (a), (b) for inspection and copying by the Fed- and (c) of this section, but with at least eral Railroad Administration during one year of maintenance of way or sig- regular business hours. nal experience, may pass trains over [63 FR 34029, June 22, 1998; 63 FR 45959, Aug. broken rails and pull aparts provided 28, 1998] that— (1) The track owner determines the § 213.307 Class of track: operating person to be qualified and, as part of speed limits. doing so, trains, examines, and re-ex- (a) Except as provided in paragraph amines the person periodically within (b) of this section and §§ 213.329, two years after each prior examination 213.337(a) and 213.345(c), the following on the following topics as they relate maximum allowable operating speeds to the safe passage of trains over bro- apply: ken rails or pull aparts: rail defect identification, crosstie condition, The maximum al- Over track that meets all of the require- lowable operating track surface and alinement, gage re- ments prescribed in this subpart for— speed for trains 1 straint, rail end mismatch, joint bars, is— and maximum distance between rail Class 6 track ...... 110 m.p.h. ends over which trains may be allowed Class 7 track ...... 125 m.p.h. to pass. The sole purpose of the exam- Class 8 track ...... 160 m.p.h. 2 ination is to ascertain the person’s Class 9 track ...... 200 m.p.h. ability to effectively apply these re- 1 Freight may be transported at passenger train speeds if quirements and the examination may the following conditions are met: (1) The vehicles utilized to carry such freight are of equal not be used to disqualify the person dynamic performance and have been qualified in accordance from other duties. A minimum of four with Sections 213.345 and 213.329(d) of this subpart.

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(2) The load distribution and securement in the freight vehi- er from any or all requirements pre- cle will not adversely affect the dynamic performance of the vehicle. The axle loading pattern is uniform and does not ex- scribed in this subpart. ceed the passenger axle loadings utilized in pas- (b) Each petition for a waiver under senger service operating at the same maximum speed. (3) No carrier may accept or a hazardous mate- this section shall be filed in the man- rial, as defined at 49 CFR 171.8, except as provided in Col- ner and contain the information re- umn 9A of the Hazardous Materials Table (49 CFR 172.101) for movement in the same train as a passenger-carrying vehi- quired by §§ 211.7 and 211.9 of this chap- cle or in Column 9B of the Table for movement in a train with ter. no passenger-carrying vehicles. 2 Operating speeds in excess of 150 m.p.h. are authorized (c) If the Administrator finds that a by this part only in conjunction with a rule of particular appli- waiver is in the public interest and is cability addressing other safety issues presented by the system. consistent with railroad safety, the Ad- ministrator may grant the waiver sub- (b) If a segment of track does not ject to any conditions the Adminis- meet all of the requirements for its in- trator deems necessary. Where a waiv- tended class, it is to be reclassified to er is granted, the Administrator pub- the next lower class of track for which lishes a notice containing the reasons it does meet all of the requirements of for granting the waiver. this subpart. If a segment does not meet all of the requirements for Class § 213.319 Drainage. 6, the requirements for Classes 1 Each drainage or other water car- through 5 apply. rying facility under or immediately ad- § 213.309 Restoration or renewal of jacent to the roadbed shall be main- track under traffic conditions. tained and kept free of obstruction, to accommodate expected water flow for (a) Restoration or renewal of track the area concerned. under traffic conditions is limited to the replacement of worn, broken, or § 213.321 Vegetation. missing components or fastenings that do not affect the safe passage of trains. Vegetation on railroad property (b) The following activities are ex- which is on or immediately adjacent to pressly prohibited under traffic condi- roadbed shall be controlled so that it tions: does not— (1) Any work that interrupts rail con- (a) Become a fire hazard to track-car- tinuity, e.g., as in joint bar replace- rying structures; ment or rail replacement; (b) Obstruct visibility of railroad (2) Any work that adversely affects signs and signals: the lateral or vertical stability of the (1) Along the right of way, and track with the exception of spot tamp- (2) At highway-rail crossings; ing an isolated condition where not (c) Interfere with railroad employees more than 15 lineal feet of track are in- performing normal trackside duties; (d) Prevent proper functioning of sig- volved at any one time and the ambi- nal and communication lines; or ent air temperature is not above 95 de- (e) Prevent railroad employees from grees Fahrenheit; and visually inspecting moving equipment (3) Removal and replacement of the from their normal duty stations. rail fastenings on more than one tie at a time within 15 feet. § 213.323 Track gage. § 213.311 Measuring track not under (a) Gage is measured between the load. heads of the rails at right-angles to the When unloaded track is measured to rails in a plane five-eighths of an inch determine compliance with require- below the top of the rail head. ments of this subpart, evidence of rail (b) Gage shall be within the limits movement, if any, that occurs while prescribed in the following table: the track is loaded shall be added to The the measurements of the unloaded change of gage track. The gage within But not more Class of track must be at than— 31 feet § 213.317 Waivers. least— must not be (a) Any owner of track to which this greater subpart applies may petition the Fed- than—

eral Railroad Administrator for a waiv- 6 ...... ′8″ ...... 4′91⁄4″ ...... 1⁄2″

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The measured mid-chord offset values for change nine consecutive points centered of gage around that point and which are spaced The gage But not more within Class of track must be at 31 feet according to the following table: least— than— must not be greater Chord length Spacing than— 31′ ...... 7′9″ ′ ″ ′ 1 ″ 1 ″ 7 ...... 4 8 ...... 4 9 ⁄4 ...... ⁄2 62′ ...... 15′6″ ′ ″ ′ 1 ″ 1 ″ 8 ...... 4 8 ...... 4 9 ⁄4 ...... ⁄2 124′ ...... 31′0″ 9 ...... 4′81⁄4″ ...... 4′91⁄4″ ...... 1⁄2″ (b) For a single deviation, alinement § 213.327 Alinement. may not deviate from uniformity more (a) Uniformity at any point along the than the amount prescribed in the fol- track is established by averaging the lowing table:

The deviation The deviation The deviation from uniformity from uniformity from uniformity of the mid- of the mid- of the mid- chord offset chord offset chord offset Class of track for a 31-foot for a 62-foot for a 124-foot chord may not chord may not chord may not be more be more be more than— than— than— (inches) (inches) (inches)

6 ...... 1⁄2 3⁄4 11⁄2 7 ...... 1⁄2 1⁄2 11⁄4 8 ...... 1⁄2 1⁄2 3⁄4 9 ...... 1⁄2 1⁄2 3⁄4

(c) For three or more non-overlap- limits in the following table, each ping deviations from uniformity in owner of the track to which this sub- track alinement occurring within a dis- part applies shall maintain the aline- tance equal to five times the specified ment of the track within the limits chord length, each of which exceeds the prescribed for each deviation:

The deviation The deviation The deviation from uniformity from uniformity from uniformity of the mid- of the mid- of the mid- chord offset chord offset chord offset Class of track for a 31-foot for a 62-foot for a 124-foot chord may not chord may not chord may not be more be more be more than— than— than— (inches) (inches) (inches)

6 ...... 3⁄8 1⁄2 1 7 ...... 3⁄8 3⁄8 7⁄8 8 ...... 3⁄8 3⁄8 1⁄2 9 ...... 3⁄8 3⁄8 1⁄2

§ 213.329 Curves, elevation and speed limitations. E + 3 V = a (a) The maximum crosslevel on the max 0. 0007D outside rail of a curve may not be more Where— than 7 inches. The outside rail of a Vmax = Maximum allowable operating speed 1 curve may not be more than ⁄2 inch (miles per hour). lower than the inside rail. Ea = Actual elevation of the outside rail (b) (1) The maximum allowable oper- (inches) 4. ating speed for each curve is deter- mined by the following formula: 4 Actual elevation for each 155 foot track segment in the body of the curve is deter- mined by averaging the elevation for 10

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D = Degree of curvature (degrees) 5. vehicle and the horizontal does not ex- 3 = 3 inches of unbalance. ceed 8.6 degrees. (2) Appendix A includes tables show- (e) The track owner shall notify the ing maximum allowable operating Federal Railroad Administrator no less speeds computed in accordance with than thirty calendar days prior to any this formula for various elevations and proposed implementation of the higher degrees of curvature for track speeds curving speeds allowed when the ‘‘Eu’’ greater than 90 m.p.h. term, above, will exceed three inches. (c) For meeting the re- This notification shall be in writing quirements specified in paragraph (d) and shall contain, at a minimum, the of this section, the maximum operating following information: speed for each curve may be deter- (1) A complete description of the mined by the following formula: class of equipment involved, including schematic diagrams of the suspension EE+ system and the location of the center V = au of gravity above top of rail; max 0. 0007D (2) A complete description of the test 6 Where— procedure and instrumentation used to qualify the equipment and the max- Vmax = Maximum allowable operating speed (miles per hour). imum values for wheel unloading and roll angles which were observed during Ea = Actual elevation of the outside rail (inches) 4. testing; D = Degree of curvature (degrees) 5. (3) Procedures or standards in effect Eu = Unbalanced elevation (inches). which relate to the maintenance of the (d) Qualified equipment may be oper- suspension system for the particular ated at curving speeds determined by class of equipment; the formula in paragraph (c) of this (4) Identification of line segment on section, provided each specific class of which the higher curving speeds are equipment is approved for operation by proposed to be implemented. the Federal Railroad Administration (f) A track owner, or an operator of a and the railroad demonstrates that— passenger or commuter service, who (1) When positioned on a track with provides passenger or commuter serv- uniform superelevation, E , reflecting ice over trackage of more than one a track owner with the same class of the intended target , Eu, no wheel of the equipment unloads to a equipment, may provide written notifi- value of 60 percent or less of its static cation to the Federal Railroad Admin- value on perfectly level track and, for istrator with the written consent of passenger-carrying equipment, the roll the other affected track owners. angle between the floor of the vehicle [63 FR 34029, June 22, 1998; 63 FR 46102, Aug. and the horizontal does not exceed 5.7 28, 1998] degrees. (2) When positioned on a track with a § 213.331 Track surface. uniform 7-inch superelevation, no (a) For a single deviation in track wheel unloads to a value less than 60% surface, each owner of the track to of its static value on perfectly level which this subpart applies shall main- track and, for passenger-carrying tain the surface of its track within the equipment, the angle, measured about limits prescribed in the following the roll axis, between the floor of the table:

points through the segment at 15.5 foot spac- 6 The test procedure may be conducted in a ing. If the curve length is less than 155 feet, test facility whereby all wheels on one side average the points through the full length of (right or left) of the equipment are raised or the body of the curve. If Eu exceeds 4 inches, lowered by six and then seven inches, the the Vmax formula applies to the spirals on vertical wheel loads under each wheel are both ends of the curve. measured and a level is used to record the 5 Degree of curvature is determined by angle through which the floor of the vehicle averaging the degree of curvature over the has been rotated. same track segment as the elevation.

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Class of track Track surface 6 (inches) 7 (inches) 8 (inches) 9 (inches)

The deviation from uniform 1 profile on either rail at the midordinate of a 31-foot chord may not be more than ...... 1 1 3⁄4 1⁄2 The deviation from uniform profile on either rail at the midordinate of a 62-foot chord may not be more than ...... 1 1 1 3⁄4 The deviation from uniform profile on either rail at the midordinate of a 124-foot chord may not be more than ...... 13⁄4 11⁄2 11⁄4 11⁄4 The difference in crosslevel between any two points less than 62 feet apart may not be more than 2 ...... 11⁄2 11⁄2 11⁄2 11⁄2 1 Uniformity for profile is established by placing the midpoint of the specified chord at the point of maximum measurement. 2 However, to control harmonics on jointed track with staggered joints, the crosslevel differences shall not exceed 11⁄4 inches in all of six consecutive pairs of joints, as created by 7 joints. Track with joints staggered less than 10 feet shall not be considered as having staggered joints. Joints within the 7 low joints outside of the regular joint spacing shall not be considered as joints for purposes of this footnote.

(b) For three or more non-overlap- lowing table, each owner of the track ping deviations in track surface occur- to which this subpart applies shall ring within a distance equal to five maintain the surface of the track with- times the specified chord length, each in the limits prescribed for each devi- of which exceeds the limits in the fol- ation:

Class of track Track surface 6 (inches) 7 (inches) 8 (inches) 9 (inches)

The deviation from uniform profile on either rail at the midordinate of a 31-foot chord may not be more than ...... 3⁄4 3⁄4 1⁄2 3⁄8 The deviation from uniform profile on either rail at the midordinate of a 62-foot chord may not be more than ...... 3⁄4 3⁄4 3⁄4 1⁄2 The deviation from uniform profile on either rail at the midordinate of a 124-foot chord may not be more than ...... 11⁄4 1 7⁄8 7⁄8

§ 213.333 Automated vehicle inspection recorded by the system shall not differ systems. on repeated runs at the same site at (a) For track Class 7, a qualifying the same speed more than 1/8 inch. Track Geometry Measurement System (c) A qualifying TGMS shall be capa- (TGMS) vehicle shall be operated at ble of measuring and processing the least twice within 120 calendar days necessary track geometry parameters, with not less than 30 days between in- at an interval of no more than every 2 spections. For track Classes 8 and 9, it feet, which enables the system to de- shall be operated at least twice within termine compliance with: § 213.323, 60 days with not less than 15 days be- Track gage; § 213.327, Alinement; tween inspections. § 213.329, Curves; elevation and speed (b) A qualifying TGMS shall meet or limitations; and § 213.331, Track sur- exceed minimum design requirements face. which specify that— (d) A qualifying TGMS shall be capa- (1) Track geometry measurements ble of producing, within 24 hours of the shall be taken no more than 3 feet inspection, output reports that— away from the contact point of wheels (1) Provide a continuous plot, on a carrying a vertical load of no less than constant-distance axis, of all measured 10,000 pounds per wheel; track geometry parameters required in (2) Track geometry measurements paragraph (c) of this section; shall be taken and recorded on a dis- (2) Provide an exception report con- tance-based sampling interval which taining a systematic listing of all shall not exceed 2 feet; and track geometry conditions which con- (3) Calibration procedures and param- stitute an exception to the class of eters are assigned to the system which track over the segment surveyed. assure that measured and recorded val- (e) The output reports required under ues accurately represent track condi- paragraph (c) of this section shall con- tions. Track geometry measurements tain sufficient location identification

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information which enable field forces c = Coefficient of friction between rail/tie to easily locate indicated exceptions. which is assigned a nominal value of (0.4). (f) Following a track inspection per- V = Actual vertical load applied (pounds). formed by a qualifying TGMS, the (2) The measured gage value shall be track owner shall, within two days converted to a gage widening ratio after the inspection, field verify and in- (GWR) as follows: stitute remedial action for all excep- − tions to the class of track. = ()LTG UTG × (g) The track owner shall maintain GWR 16, 000 for a period of one year following an in- L spection performed by a qualifying Where: TGMS, copy of the plot and the excep- UTG=Unloaded track gage measured by the GRMS vehicle at a point no less than 10 tion printout for the track segment in- feet from any lateral or vertical load appli- volved, and additional records which: cation. (1) Specify the date the inspection LTG=Loaded track gage measured by the was made and the track segment in- GRMS vehicle at the point of application volved; and of the lateral load. (2) Specify the location, remedial ac- L=Actual lateral load applied (pounds). tion taken, and the date thereof, for all (j) At least one vehicle in one train listed exceptions to the class. per day operating in Classes 8 and 9 (h) For track Classes 8 and 9, a quali- shall be equipped with functioning on- fying Gage Restraint Measurement board truck frame and carbody System (GRMS) shall be operated at accelerometers. Each track owner shall least once annually with at least 180 have in effect written procedures for days between inspections to continu- the notification of track personnel ously compare loaded track gage to un- when on-board accelerometers on loaded gage under a known loading trains in Classes 8 and 9 indicate a pos- condition. The lateral capacity of the sible track-related condition. track structure shall not permit a gage (k) For track Classes 7 , 8 and 9, an widening ratio (GWR) greater than 0.5 instrumented car having dynamic re- inches. sponse characteristics that are rep- (i) A GRMS shall meet or exceed resentative of other equipment as- minimum design requirements which signed to service or a portable device specify that— that monitors on-board instrumenta- (1) Gage restraint shall be measured tion on trains shall be operated over between the heads of the rail— the track at the revenue speed profile (i) At an interval not exceeding 16 at a frequency of at least twice within inches; 60 days with not less than 15 days be- (ii) Under an applied vertical load of tween inspections. The instrumented no less than 10,000 pounds per rail; car or the portable device shall mon- (iii) Under an applied lateral load itor vertically and laterally oriented which provides for lateral/vertical load accelerometers placed near the end of ratio of between 0.5 and 1.25 7, and a the vehicle at the floor level. In addi- load severity greater than 3,000 pounds tion, accelerometers shall be mounted but less than 8,000 pounds per rail. on the truck frame. If the carbody lat- Load severity is defined by the for- eral, carbody vertical, or truck frame mula— lateral safety limits in the following table of vehicle/track interaction safe- S = L ¥cV ty limits are exceeded, speeds will be where: reduced until these safety limits are S = Load severity, defined as the lateral load not exceeded. applied to the fastener system (pounds). (l) For track Classes 8 and 9, an in- L = Actual lateral load applied (pounds). strumented car having dynamic re- sponse characteristics that are rep- resentative of other equipment as- 7 GRMS equipment using load combina- tions developing L/V ratios which exceed 0.8 signed to service shall be operated over shall be operated with caution to protect the track at the revenue speed profile against the risk of wheel climb by the test annually with not less than 180 days wheelset. between inspections. The instrumented

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car shall be equipped with functioning (m) The track owner shall maintain a instrumented wheelsets to measure copy of the most recent exception wheel/rail forces. If the wheel/rail force printouts for the inspections required limits in the following table of vehicle/ under paragraphs (k) and (l) of this sec- track interaction safety limits are ex- tion. ceeded, speeds will be reduced until these safety limits are not exceeded.

1 The lateral and vertical wheel forces shall be measured with instrumented wheelsets with the measurements processed through a low pass filter with a minimum cut-off frequency of 25 Hz. The sample rate for wheel force data shall be at least 250 samples/sec. 2 Carbody lateral and vertical accelerations shall be measured near the car ends at the floor level. 3 Truck accelerations in the lateral direction shall be measured on the truck frame. The measurements shall be processed through a filter having a pass band of 0.5 to 10 Hz. 4 Truck hunting is defined as a sustained cyclic oscillation of the truck which is evidenced by lateral accelerations in excess of 0.4 g root mean square (mean-removed) for 2 seconds. [63 FR 34029, June 22, 1998; 63 FR 46102, Aug. 28, 1998]

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§ 213.334 Ballast; general. (5) Configured with less than 2 rail holding spikes or fasteners per tie Unless it is otherwise structurally plate; or supported, all track shall be supported by material which will— (6) So unable, due to insufficient fas- tener toeload, to maintain longitudinal (a) Transmit and distribute the load restraint and maintain rail hold down of the track and railroad rolling equip- and gage. ment to the subgrade; (d) For concrete tie construction, (b) Restrain the track laterally, lon- each 39 foot segment of Class 6 track gitudinally, and vertically under dy- shall have fourteen crossties, Classes 7, namic loads imposed by railroad roll- 8 and 9 shall have 16 crossties which ing equipment and thermal stress ex- are not— erted by the rails; (1) So deteriorated that the prestress (c) Provide adequate drainage for the strands are ineffective or withdrawn track; and into the tie at one end and the tie ex- (d) Maintain proper track crosslevel, hibits structural cracks in the rail seat surface, and alinement. or in the gage of track; § 213.335 Crossties. (2) Configured with less than 2 fas- teners on the same rail; (a) Crossties shall be made of a mate- (3) So deteriorated in the vicinity of rial to which rail can be securely fas- the rail fastener such that the fastener tened. assembly may pull out or move lat- (b) Each 39 foot segment of track erally more than 3⁄8 inch relative to the shall have— crosstie; (1) A sufficient number of crossties (4) So deteriorated that the fastener which in combination provide effective base plate or base of rail can move lat- support that will— erally more than 3⁄8 inch relative to the (i) Hold gage within the limits pre- crossties; scribed in § 213.323(b); (5) So deteriorated that rail seat ab- (ii) Maintain surface within the lim- rasion is sufficiently deep so as to its prescribed in § 213.331; and cause loss of rail fastener toeload; (iii) Maintain alinement within the (6) Completely broken through; or limits prescribed in § 213.327. (7) So unable, due to insufficient fas- (2) The minimum number and type of tener toeload, to maintain longitudinal crossties specified in paragraph (c) of restraint and maintain rail hold down this section effectively distributed to and gage. support the entire segment; and (e) Class 6 track shall have one non- (3) Crossties of the type specified in defective crosstie whose centerline is paragraph (c) of this section that within 18 inches of the rail joint loca- are(is) located at a joint location as tion or two crossties whose center lines specified in paragraph (e) of this sec- are within 24 inches either side of the tion. rail joint location. Class 7, 8, and 9 (c) For non-concrete tie construction, track shall have two non-defective ties each 39 foot segment of Class 6 track within 24 inches each side of the rail shall have fourteen crossties; Classes 7, joint. 8 and 9 shall have 18 crossties which (f) For track constructed without are not— crossties, such as slab track and track (1) Broken through; connected directly to bridge structural (2) Split or otherwise impaired to the components, the track structure shall extent the crossties will allow the bal- meet the requirements of paragraphs last to work through, or will not hold (b)(1)(i), (ii), and (iii) of this section. spikes or rail fasteners; (g) In Classes 7, 8 and 9 there shall be (3) So deteriorated that the tie plate at least three non-defective ties each or base of rail can move laterally 3⁄8 side of a defective tie. inch relative to the crossties; (h) Where timber crossties are in use (4) Cut by the tie plate through more there shall be tie plates under the run- than 40 percent of a crosstie’s thick- ning rails on at least nine of 10 con- ness; secutive ties.

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(i) No metal object which causes a listed in the following table, a person concentrated load by solely supporting designated under § 213.305 shall deter- a rail shall be allowed between the base mine whether or not the track may of the rail and the bearing surface of continue in use. If the person deter- the tie plate. mines that the track may continue in use, operation over the defective rail is § 213.337 Defective rails. not permitted until— (a) When an owner of track to which (1) The rail is replaced; or this part applies learns, through in- (2) The remedial action prescribed in spection or otherwise, that a rail in the table is initiated— that track contains any of the defects

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NOTES: A. Assign person designated under A2. Assign person designated under § 213.305 § 213.305 to visually supervise each operation to make visual inspection. That person may over defective rail. authorize operation to continue without vis- ual supervision at a maximum of 10 m.p.h.

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for up to 24 hours prior to another such vis- horizontal split head from which they ual inspection or replacement or repair of originate. the rail. (3) Horizontal split head means a hori- B. Limit operating speed over defective rail to that as authorized by a person des- zontal progressive defect originating ignated under § 213.305(a)(1)(i) or (ii). The op- inside of the rail head, usually one- erating speed cannot be over 30 m.p.h. quarter inch or more below the running C. Apply joint bars bolted only through the surface and progressing horizontally in outermost holes to defect within 20 days all directions, and generally accom- after it is determined to continue the track panied by a flat spot on the running in use. Limit operating speed over defective rail to 30 m.p.h. until joint bars are applied; surface. The defect appears as a crack thereafter, limit speed to 50 m.p.h. When a lengthwise of the rail when it reaches search for internal rail defects is conducted the side of the rail head. under § 213.339 and defects are discovered (4) Vertical split head means a vertical which require remedial action C, the oper- split through or near the middle of the ating speed shall be limited to 50 m.p.h., for head, and extending into or through it. a period not to exceed 4 days. If the defective rail has not been removed from the track or A crack or rust streak may show under a permanent repair made within 4 days of the head close to the web or pieces may the discovery, limit operating speed over the be split off the side of the head. defective rail to 30 m.p.h. until joint bars are (5) Split web means a lengthwise applied; thereafter, limit speed to 50 m.p.h. crack along the side of the web and ex- D. Apply joint bars bolted only through the tending into or through it. outermost holes to defect within 10 days after it is determined to continue the track (6) Piped rail means a vertical split in in use. Limit operating speed over the defec- a rail, usually in the web, due to fail- tive rail to 30 m.p.h. or less as authorized by ure of the shrinkage cavity in the ingot a person designated under § 213.305(a)(1)(i) or to unite in rolling. (ii) until joint bars are applied; thereafter, (7) Broken base means any break in limit speed to 50 m.p.h. the base of the rail. E. Apply joint bars to defect and bolt in ac- cordance with § 213.351(d) and (e). (8) Detail fracture means a progressive F. Inspect rail 90 days after it is deter- fracture originating at or near the sur- mined to continue the track in use. face of the rail head. These fractures G. Inspect rail 30 days after it is deter- should not be confused with transverse mined to continue the track in use. fissures, compound fissures, or other H. Limit operating speed over defective defects which have internal origins. rail to 50 m.p.h. Detail fractures may arise from shelly I. Limit operating speed over defective rail to 30 m.p.h. spots, head checks, or flaking. (9) Engine burn fracture means a pro- (b) As used in this section— gressive fracture originating in spots (1) Transverse fissure means a progres- where driving wheels have slipped on sive crosswise fracture starting from a top of the rail head. In developing crystalline center or nucleus inside the downward they frequently resemble the head from which it spreads outward as compound or even transverse fissures a smooth, bright, or dark, round or with which they should not be confused oval surface substantially at a right or classified. angle to the length of the rail. The dis- tinguishing features of a transverse fis- (10) Ordinary break means a partial or sure from other types of fractures or complete break in which there is no defects are the crystalline center or sign of a fissure, and in which none of nucleus and the nearly smooth surface the other defects described in this of the development which surrounds it. paragraph (b) are found. (2) Compound fissure means a progres- (11) Damaged rail means any rail bro- sive fracture originating in a hori- ken or injured by wrecks, broken, flat, zontal split head which turns up or or unbalanced wheels, slipping, or simi- down in the head of the rail as a lar causes. smooth, bright, or dark surface pro- (12) Flattened rail means a short gressing until substantially at a right length of rail, not a joint, which has angle to the length of the rail. Com- flattened out across the width of the pound fissures require examination of rail head to a depth of 3⁄8 inch or more both faces of the fracture to locate the below the rest of the rail. Flattened

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rail occurrences have no repetitive reg- (d) If the person assigned to operate ularity and thus do not include cor- the rail defect detection equipment rugations, and have no apparent local- being used determines that, due to rail ized cause such as a weld or engine surface conditions, a valid search for burn. Their individual length is rel- internal defects could not be made over atively short, as compared to a condi- a particular length of track, the test tion such as head flow on the low rail on that particular length of track can- of curves. not be considered as a search for inter- (13) Bolt hole crack means a crack nal defects under § 213.337(a). across the web, originating from a bolt (e) If a valid search for internal de- hole, and progressing on a path either fects cannot be conducted for reasons inclined upward toward the rail head or described in paragraph (d) of this sec- inclined downward toward the base. tion, the track owner shall, before the Fully developed bolt hole cracks may expiration of time limits— continue horizontally along the head/ (1) Conduct a valid search for inter- web or base/web fillet, or they may nal defects; progress into and through the head or base to separate a piece of the rail end (2) Reduce operating speed to a max- from the rail. Multiple cracks occur- imum of 25 miles per hour until such ring in one rail end are considered to time as a valid search for internal de- be a single defect. However, bolt hole fects can be made; or cracks occurring in adjacent rail ends (3) Remove the rail from service. within the same joint shall be reported as separate defects. § 213.341 Initial inspection of new rail (14) Defective weld means a field or and welds. plant weld containing any discontinu- The track owner shall provide for the ities or pockets, exceeding 5 percent of initial inspection of newly manufac- the rail head area individually or 10 tured rail, and for initial inspection of percent in the aggregate, oriented in or new welds made in either new or used near the transverse plane, due to in- rail. A track owner may demonstrate complete penetration of the weld metal compliance with this section by pro- between the rail ends, lack of fusion viding for: between weld and rail end metal, en- (a) In-service inspection. A scheduled trainment of slag or sand, under-bead periodic inspection of rail and welds or other shrinkage cracking, or fatigue that have been placed in service, if con- cracking. Weld defects may originate ducted in accordance with the provi- in the rail head, web, or base, and in sions of § 213.339, and if conducted not some cases, cracks may progress from later than 90 days after installation, the defect into either or both adjoining shall constitute compliance with para- rail ends. graphs (b) and (c) of this section; (15) Head and web separation means a (b) Mill inspection. A continuous in- progressive fracture, longitudinally spection at the rail manufacturer’s separating the head from the web of mill shall constitute compliance with the rail at the head fillet area. the requirement for initial inspection [63 FR 34029, June 22, 1998; 63 FR 51638, Sept. of new rail, provided that the inspec- 28, 1998] tion equipment meets the applicable requirements specified in § 213.339. The § 213.339 Inspection of rail in service. track owner shall obtain a copy of the (a) A continuous search for internal manufacturer’s report of inspection defects shall be made of all rail in and retain it as a record until the rail track at least twice annually with not receives its first scheduled inspection less than 120 days between inspections. under § 213.339; (b) Inspection equipment shall be ca- (c) Welding plant inspection. A contin- pable of detecting defects between uous inspection at a welding plant, if joint bars, in the area enclosed by joint conducted in accordance with the pro- bars. visions of paragraph (b) of this section, (c) Each defective rail shall be and accompanied by a plant operator’s marked with a highly visible marking report of inspection which is retained on both sides of the web and base. as a record by the track owner, shall

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constitute compliance with the re- (c) Procedures which specifically ad- quirements for initial inspection of dress maintaining a desired rail instal- new rail and plant welds, or of new lation temperature range when cutting plant welds made in used rail; and CWR including rail repairs, in-track (d) Inspection of field welds. An initial welding, and in conjunction with ad- inspection of field welds, either those justments made in the area of tight joining the ends of CWR strings or track, a track buckle, or a pull-apart. those made for isolated repairs, shall Rail repair practices shall take into be conducted not less than one day and consideration existing rail temperature not more than 30 days after the welds so that— have been made. The initial inspection (1) When rail is removed, the length may be conducted by means of portable installed shall be determined by taking test equipment. The track owner shall into consideration the existing rail retain a record of such inspections temperature and the desired rail instal- until the welds receive their first lation temperature range; and scheduled inspection under § 213.339. (2) Under no circumstances should (e) Each defective rail found during rail be added when the rail tempera- inspections conducted under paragraph ture is below that designated by para- (a) or (d) of this section shall be graph (a)(1) of this section, without marked with highly visible markings provisions for later adjustment. on both sides of the web and base and (d) Procedures which address the the remedial action as appropriate monitoring of CWR in curved track for under § 213.337 will apply. inward shifts of alinement toward the center of the curve as a result of dis- § 213.343 Continuous welded rail turbed track. (CWR). (e) Procedures which control train Each track owner with track con- speed on CWR track when— structed of CWR shall have in effect (1) Maintenance work, track rehabili- and comply with written procedures tation, track construction, or any which address the installation, adjust- other event occurs which disturbs the ment, maintenance and inspection of roadbed or ballast section and reduces CWR, and a training program for the the lateral and/or longitudinal resist- application of those procedures, which ance of the track; and shall be submitted to the Federal Rail- (2) In formulating the procedures road Administration by March 21, 1999. under this paragraph (e), the track FRA reviews each plan for compliance owner shall— with the following— (i) Determine the speed required, and (a) Procedures for the installation the duration and subsequent removal and adjustment of CWR which in- of any speed restriction based on the clude— restoration of the ballast, along with (1) Designation of a desired rail in- sufficient ballast re-consolidation to stallation temperature range for the stabilize the track to a level that can geographic area in which the CWR is accommodate expected train-induced located; and forces. Ballast re-consolidation can be (2) De-stressing procedures/methods achieved through either the passage of which address proper attainment of the train tonnage or mechanical stabiliza- desired rail installation temperature tion procedures, or both; and range when adjusting CWR. (ii) Take into consideration the type (b) Rail anchoring or fastening re- of crossties used. quirements that will provide sufficient (f) Procedures which prescribe when restraint to limit longitudinal rail and physical track inspections are to be crosstie movement to the extent prac- performed to detect buckling prone tical, and specifically addressing CWR conditions in CWR track. At a min- rail anchoring or fastening patterns on imum, these procedures shall address bridges, bridge approaches, and at inspecting track to identify— other locations where possible longitu- (1) Locations where tight or kinky dinal rail and crosstie movement asso- rail conditions are likely to occur; ciated with normally expected train-in- (2) Locations where track work of the duced forces, is restricted. nature described in paragraph (e)(1) of

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this section have recently been per- area, at which forces in CWR should formed; and not cause a buckling incident in ex- (3) In formulating the procedures treme heat, or a pull-apart during ex- under this paragraph (f), the track treme cold weather. owner shall— (5) Disturbed track means the disturb- (i) Specify the timing of the inspec- ance of the roadbed or ballast section, tion; and as a result of track maintenance or any (ii) Specify the appropriate remedial other event, which reduces the lateral actions to be taken when buckling or longitudinal resistance of the track, prone conditions are found. or both. (g) The track owner shall have in ef- (6) Mechanical stabilization means a fect a comprehensive training program type of procedure used to restore track for the application of these written resistance to disturbed track following CWR procedures, with provisions for certain maintenance operations. This periodic re-training, for those individ- procedure may incorporate dynamic uals designated under § 213.305(c) of this track stabilizers or ballast part as qualified to supervise the in- consolidators, which are units of work stallation, adjustment, and mainte- equipment that are used as a sub- nance of CWR track and to perform in- stitute for the stabilization action pro- spections of CWR track. vided by the passage of tonnage trains. (h) The track owner shall prescribe recordkeeping requirements necessary (7) Rail anchors means those devices to provide an adequate history of track which are attached to the rail and bear constructed with CWR. At a minimum, against the side of the crosstie to con- these records shall include: trol longitudinal rail movement. Cer- (1) Rail temperature, location and tain types of rail fasteners also act as date of CWR installations. This record rail anchors and control longitudinal shall be retained for at least one year; rail movement by exerting a downward and clamping force on the upper surface of (2) A record of any CWR installation the rail base. or maintenance work that does not (8) Rail temperature means the tem- conform with the written procedures. perature of the rail, measured with a Such record shall include the location rail thermometer. of the rail and be maintained until the (9) Tight/kinky rail means CWR which CWR is brought into conformance with exhibits minute alinement irregular- such procedures. ities which indicate that the rail is in (i) As used in this section— a considerable amount of compression. (1) Adjusting/de-stressing means the (10) Train-induced forces means the procedure by which a rail’s tempera- vertical, longitudinal, and lateral dy- ture is re-adjusted to the desired value. namic forces which are generated dur- It typically consists of cutting the rail ing train movement and which can con- and removing rail anchoring devices, tribute to the buckling potential. which provides for the necessary ex- (11) Track lateral resistance means the pansion and contraction, and then re- resistance provided to the rail/crosstie assembling the track. structure against lateral displacement. (2) Buckling incident means the for- (12) Track longitudinal resistance mation of a lateral mis-alinement suf- means the resistance provided by the ficient in magnitude to constitute a de- rail anchors/rail fasteners and the bal- viation of 5 inches measured with a 62- last section to the rail/crosstie struc- foot chord. These normally occur when ture against longitudinal displace- rail temperatures are relatively high ment. and are caused by high longitudinal compressive forces. (j) Track owners shall revise their (3) Continuous welded rail (CWR) CWR plans to include provisions for the means rail that has been welded to- inspection of joint bars in accordance gether into lengths exceeding 400 feet. with §§ 213.119(g) and (i)(3). (4) Desired rail installation temperature [63 FR 34029, June 22, 1998; 63 FR 45959, Aug. range means the rail temperature 28, 1998, as amended at 70 FR 66298, Nov. 2, range, within a specific geographical 2005]

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§ 213.345 Vehicle qualification testing. onstrate vehicle dynamic response as (a) All rolling stock types which op- speeds are incrementally increased erate at Class 6 speeds and above shall from acceptable Class 6 limits to the be qualified for operation for their in- target maximum test speeds. The test tended track classes in order to dem- shall be suspended at that speed where onstrate that the vehicle dynamic re- any of the safety limits specified in sponse to track alinement and geom- paragraph (b) are exceeded. (d) At the end of the test, when max- etry variations are within acceptable imum safe operating speed is known limits to assure safe operation. Rolling along with permissible levels of cant stock operating in Class 6 within one deficiency, an additional run shall be year prior to the promulgation of this made with the subject equipment over subpart shall be considered as being the entire route proposed for revenue successfully qualified for Class 6 track service at the speeds the railroad will and vehicles presently operating at request FRA to approve for such serv- Class 7 speeds by reason of conditional ice and a second run again at 10 m.p.h. waivers shall be considered as qualified above this speed. A report of the test for Class 7. (b) The qualification testing shall en- procedures and results shall be sub- sure that, at any speed less than 10 mitted to FRA upon the completions of m.p.h. above the proposed maximum the tests. The test report shall include operating speed, the equipment will the design flange angle of the equip- not exceed the wheel/rail force safety ment which shall be used for the deter- limits and the truck lateral accelera- mination of the lateral to vertical tions specified in § 213.333, and the test- wheel load safety limit for the track/ ing shall demonstrate the following: vehicle interaction safety measure- (1) The vertical acceleration, as ments required per § 213.333(l). measured by a vertical accelerometer (e) As part of the submittal required mounted on the car floor, shall be lim- in paragraph (d) of the section, the op- ited to no greater than 0.55g single erator shall include an analysis and de- event, peak-to-peak. scription of the signal system and oper- (2) The lateral acceleration, as meas- ating practices to govern operations in ured by a lateral accelerometer mount- Classes 7 and 8. This statement shall ed on the car floor, shall be limited to include a statement of sufficiency in no greater than 0.3g single event, peak- these areas for the class of operation. to-peak; and Operation at speeds in excess of 150 (3) The combination of the lateral ac- m.p.h. is authorized only in conjunc- celeration (L) and the vertical accel- tion with a rule of particular applica- eration (V) within any period of two bility addressing other safety issues consecutive seconds as expressed by presented by the system. the square root of (V2 + L2) shall be (f) Based on test results and submis- limited to no greater than 0.604, where sions, FRA will approve a maximum L may not exceed 0.3g and V may not train speed and value of cant defi- exceed 0.55g. ciency for revenue service. (c) To obtain the test data necessary [63 FR 34029, June 22, 1998; 63 FR 54078, Oct. to support the analysis required in 8, 1998] paragraphs (a) and (b) of this section, the track owner shall have a test plan § 213.347 Automotive or railroad cross- which shall consider the operating ings at grade. practices and conditions, signal sys- (a) There shall be no at-grade (level) tem, road crossings and trains on adja- highway crossings, public or private, or cent tracks during testing. The track rail-to-rail crossings at-grade on Class owner shall establish a target max- 8 and 9 track. imum testing speed (at least 10 m.p.h. (b) If train operation is projected at above the maximum proposed oper- Class 7 speed for a track segment that ating speed) and target test and oper- will include rail-highway grade cross- ating conditions and conduct a test ings, the track owner shall submit for program sufficient to evaluate the op- FRA’s approval a complete description erating limits of the track and equip- of the proposed warning/barrier system ment. The test program shall dem- to address the protection of highway

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traffic and high speed trains. Trains (2) All elements of that warning/bar- shall not operate at Class 7 speeds over rier system are functioning. any track segment having highway-rail grade crossings unless: § 213.349 Rail end mismatch. (1) An FRA-approved warning/barrier Any mismatch of rails at joints may system exists on that track segment; not be more than that prescribed by and the following table—

Any mismatch of rails at joints may not be more than the fol- lowing— Class of track On the tread On the gage of the rail ends side of the rail (inch) ends (inch)

Class 6, 7, 8 and 9 ...... 1⁄8 1⁄8

§ 213.351 Rail joints. rail ends in Class 6 shall be removed (a) Each rail joint, insulated joint, within six months of September 21, and compromise joint shall be of a 1998. structurally sound design and dimen- (b) Following the expiration of the sions for the rail on which it is applied. time limits specified in paragraph (a) (b) If a joint bar is cracked, broken, of this section, any torch cut rail end or because of wear allows excessive not removed shall be removed within 30 vertical movement of either rail when days of discovery. Train speed over all bolts are tight, it shall be replaced. that rail shall not exceed the max- (c) If a joint bar is cracked or broken imum allowable for Class 2 track until between the middle two bolt holes it removed. shall be replaced. (d) Each rail shall be bolted with at § 213.353 Turnouts, crossovers, and lift rail assemblies or other transition least two bolts at each joint. devices on moveable bridges. (e) Each joint bar shall be held in po- sition by track bolts tightened to allow (a) In turnouts and track crossings, the joint bar to firmly support the the fastenings must be intact and abutting rail ends and to allow longitu- maintained so as to keep the compo- dinal movement of the rail in the joint nents securely in place. Also, each to accommodate expansion and con- switch, frog, and guard rail shall be traction due to temperature variations. kept free of obstructions that may When no-slip, joint-to-rail contact ex- interfere with the passage of wheels. ists by design, the requirements of this Use of rigid rail crossings at grade is section do not apply. Those locations, limited per § 213.347. when over 400 feet long, are considered (b) Track shall be equipped with rail to be continuous welded rail track and anchoring through and on each side of shall meet all the requirements for track crossings and turnouts, to re- continuous welded rail track prescribed strain rail movement affecting the po- in this subpart. sition of switch points and frogs. Elas- (f) No rail shall have a bolt hole tic fasteners designed to restrict longi- which is torch cut or burned. tudinal rail movement are considered (g) No joint bar shall be reconfigured rail anchoring. by torch cutting. (c) Each flangeway at turnouts and track crossings shall be at least 11⁄2 § 213.352 Torch cut rail. inches wide. (a) Except as a temporary repair in (d) For all turnouts and crossovers, emergency situations no rail having a and lift rail assemblies or other transi- torch cut end shall be used. When a rail tion devices on moveable bridges, the end with a torch cut is used in emer- track owner shall prepare an inspec- gency situations, train speed over that tion and maintenance Guidebook for rail shall not exceed the maximum al- use by railroad employees which shall lowable for Class 2 track. All torch cut be submitted to the Federal Railroad

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Administration. The Guidebook shall mechanism for maintaining the secu- contain at a minimum— rity of switch point position. (1) Inspection frequency and method- ology including limiting measurement § 213.355 Frog guard rails and guard values for all components subject to faces; gage. wear or requiring adjustment. The guard check and guard face (2) Maintenance techniques. gages in frogs shall be within the lim- (e) Each hand operated switch shall its prescribed in the following table— be equipped with a redundant operating

Guard check gage—The distance between the Guard face gage—The dis- tance between guard lines, 1 gage line of a frog to the guard line 1 of its measured across the track at Class of track guard rail or guarding face, measured across right angles to the gage the track at right angles to the gage line, 2 may line, 2 may not be more not be less than— than—

Class 6 track ...... 4′61⁄2″ ...... 4′5″ Class 7 track ...... 4′61⁄2″ ...... 4′5″ Class 8 track ...... 4′61⁄2″ ...... 4′5″ Class 9 track ...... 4′61⁄2″ ...... 4′ 5″ 1 A line along that side of the flangeway which is nearer to the center of the track and at the same elevation as the gage line. 2 A line 5⁄8 inch below the top of the center line of the head of the running rail, or corresponding location of the tread portion of the track structure.

§ 213.357 Derails. § 213.359 Track stiffness. (a) Each track, other than a main (a) Track shall have a sufficient track, which connects with a Class 7, 8 vertical strength to withstand the or 9 main track shall be equipped with maximum vehicle loads generated at a functioning derail of the correct size maximum permissible train speeds, and type, unless railroad equipment on cant deficiencies and surface defects. the track, because of grade characteris- For purposes of this section, vertical tics cannot move to foul the main track strength is defined as the track track. capacity to constrain vertical deforma- (b) For the purposes of this section, a tions so that the track shall return fol- lowing maximum load to a configura- derail is a device which will physically tion in compliance with the vehicle/ stop or divert movement of railroad track interaction safety limits and ge- rolling stock or other railroad on-track ometry requirements of this subpart. equipment past the location of the de- (b) Track shall have sufficient lateral vice. strength to withstand the maximum (c) Each derail shall be clearly visi- thermal and vehicle loads generated at ble. When in a locked position, a derail maximum permissible train speeds, shall be free of any lost motion which cant deficiencies and lateral alinement would prevent it from performing its defects. For purposes of this section intended function. lateral track strength is defined as the (d) Each derail shall be maintained track capacity to constrain lateral de- to function as intended. formations so that track shall return (e) Each derail shall be properly in- following maximum load to a configu- stalled for the rail to which it is ap- ration in compliance with the vehicle/ plied. track interaction safety limits and ge- (f) If a track protected by a derail is ometry requirements of this subpart. occupied by standing railroad rolling stock, the derail shall be in derailing § 213.361 Right of way. position. The track owner in Class 8 and 9 (g) Each derail on a track which is shall submit a barrier plan, termed a connected to a Class 7, 8 or 9 main ‘‘right-of-way plan,’’ to the Federal track shall be interconnected with the Railroad Administration for approval. signal system. At a minimum, the plan will contain provisions in areas of demonstrated need for the prevention of—

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(a) Vandalism; (4) Track inspection records shall in- (b) Launching of objects from over- dicate which track(s) are traversed by head bridges or structures into the the vehicle or inspected on foot as out- path of trains; and lined in paragraph (b)(3) of this section. (c) Intrusion of vehicles from adja- (c) Each track inspection shall be cent rights of way. made in accordance with the following schedule— § 213.365 Visual inspections. Class of (a) All track shall be visually in- track Required frequency spected in accordance with the sched- 6, 7, and 8 Twice weekly with at least 2 calendar-day’s in- ule prescribed in paragraph (c) of this terval between inspections. section by a person designated under 9 ...... Three times per week. § 213.305. (b) Each inspection shall be made on (d) If the person making the inspec- foot or by riding over the track in a ve- tion finds a deviation from the require- hicle at a speed that allows the person ments of this part, the person shall im- making the inspection to visually in- mediately initiate remedial action. spect the track structure for compli- (e) Each switch, turnout, track cross- ance with this part. However, mechan- ing, and lift rail assemblies on move- ical, electrical, and other track inspec- able bridges shall be inspected on foot tion devices may be used to supplement at least weekly. The inspection shall be visual inspection. If a vehicle is used accomplished in accordance with the for visual inspection, the speed of the Guidebook required under § 213.353. vehicle may not be more than 5 miles (f) In track Classes 8 and 9, if no train per hour when passing over track traffic operates for a period of eight crossings and turnouts, otherwise, the hours, a train shall be operated at a inspection vehicle speed shall be at the speed not to exceed 100 miles per hour sole discretion of the inspector, based over the track before the resumption of on track conditions and inspection re- operations at the maximum authorized quirements. When riding over the track speed. in a vehicle, the inspection will be sub- ject to the following conditions— [63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998] (1) One inspector in a vehicle may in- spect up to two tracks at one time pro- § 213.367 Special inspections. vided that the inspector’s visibility re- mains unobstructed by any cause and In the event of fire, flood, severe that the second track is not centered storm, temperature extremes or other more than 30 feet from the track upon occurrence which might have damaged which the inspector is riding; track structure, a special inspection (2) Two inspectors in one vehicle may shall be made of the track involved as inspect up to four tracks at a time pro- soon as possible after the occurrence vided that the inspector’s visibility re- and, if possible, before the operation of mains unobstructed by any cause and any train over that track. that each track being inspected is cen- tered within 39 feet from the track § 213.369 Inspection records. upon which the inspectors are riding; (a) Each owner of track to which this (3) Each main track is actually tra- part applies shall keep a record of each versed by the vehicle or inspected on inspection required to be performed on foot at least once every two weeks, and that track under this subpart. each siding is actually traversed by the (b) Except as provided in paragraph vehicle or inspected on foot at least (e) of this section, each record of an in- once every month. On high density spection under § 213.365 shall be pre- commuter railroad lines where track pared on the day the inspection is time does not permit an on track vehi- made and signed by the person making cle inspection, and where track centers the inspection. Records shall specify are 15 foot or less, the requirements of the track inspected, date of inspection, this paragraph (b)(3) will not apply; location and nature of any deviation and from the requirements of this part, and

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the remedial action taken by the per- (2) The electronic storage of each son making the inspection. The owner record shall be initiated by the person shall designate the location(s) where making the inspection within 24 hours each original record shall be main- following the completion of that in- tained for at least one year after the spection; inspection covered by the record. The (3) The electronic system shall en- owner shall also designate one loca- sure that each record cannot be modi- tion, within 100 miles of each state in fied in any way, or replaced, once the which they conduct operations, where record is transmitted and stored; copies of record which apply to those operations are either maintained or (4) Any amendment to a record shall can be viewed following 10 days notice be electronically stored apart from the by the Federal Railroad Administra- record which it amends. Each amend- tion. ment to a record shall be uniquely (c) Rail inspection records shall identified as to the person making the specify the date of inspection, the loca- amendment; tion and nature of any internal defects (5) The electronic system shall pro- found, the remedial action taken and vide for the maintenance of inspection the date thereof, and the location of records as originally submitted with- any intervals of track not tested per out corruption or loss of data; and § 213.339(d). The owner shall retain a (6) Paper copies of electronic records rail inspection record for at least two and amendments to those records, that years after the inspection and for one may be necessary to document compli- year after remedial action is taken. ance with this part, shall be made (d) Each owner required to keep in- available for inspection and copying by spection records under this section the FRA and track inspectors respon- shall make those records available for sible under § 213.305. Such paper copies inspection and copying by the Federal shall be made available to the track in- Railroad Administrator. spectors and at the locations specified (e) For purposes of compliance with the requirements of this section, an in paragraph (b) of this section. owner of track may maintain and (7) Track inspection records shall be transfer records through electronic kept available to persons who per- transmission, storage, and retrieval formed the inspection and to persons provided that— performing subsequent inspections. (1) The electronic system be designed (f) Each vehicle/track interaction such that the integrity of each record safety record required under § 213.333 maintained through appropriate levels (g), and (m) shall be made available for of security such as recognition of an inspection and copying by the FRA at electronic signature, or other means, the locations specified in paragraph (b) which uniquely identify the initiating of this section. person as the author of that record. No two persons shall have the same elec- APPENDIX A TO PART 213—MAXIMUM tronic identity; ALLOWABLE CURVING SPEEDS

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NBALANCE NBALANCE 3 3 2 2 U ⁄ ⁄ U 1 1 NCHES NCHES I I OUR HREE 2 2 2 2 ⁄ ⁄ 1 1 2—F 1—T [Elevation of outer rail (inches)] [Elevation of outer rail (inches)] ABLE ABLE T T (12) Maximum allowable operating speed (mph) 1 1 1 1 1 2 2 ⁄ ⁄ 1 1 ...... 21 22 24 25 27 28 29 31 32 33 34 35 36 20 21 23 24 26 27 28 29 30 31 32 33 34 19 20 22 23 24 26 27 28 29 30 31 32 33 Degree of curvature 0 Degree of curvature 0 ...... 93 100 107 113 120 125 131 136 141 146 151 156 160 ...... 113 80 110 ...... 87 107 93 72 104 ...... 98 103 109 113 118 122 127 131 135 139 78 100 83 66 71 76 80 85 89 93 96 ...... 88 101 93 59 63 68 72 76 79 83 86 89 93 96 99 ...... 97 101 106 110 113 117 121 124 54 58 62 66 69 72 76 79 82 85 87 90 93 ...... 50 54 57 61 64 67 70 73 76 78 81 83 86 ...... 46 50 54 57 60 63 66 68 71 73 76 78 80 ...... 44 47 50 54 56 59 62 64 67 69 71 74 76 ...... 41 45 48 51 54 56 59 61 63 66 68 70 72 ...... 40 43 46 48 51 54 56 58 60 62 65 66 68 ...... 38 41 44 46 49 51 54 56 58 60 62 64 66 ...... 36 39 42 45 47 49 51 54 56 57 59 61 63 ...... 35 38 40 43 45 47 50 52 54 55 57 59 61 ...... 34 37 39 41 44 46 48 50 52 54 55 57 59 ...... 33 35 38 40 42 44 46 48 50 52 54 55 57 ...... 31 33 36 38 40 42 44 45 47 49 50 52 54 ...... 29 32 34 36 38 40 41 43 45 46 48 49 51 ...... 28 30 32 34 36 38 40 41 43 44 46 47 48 ...... 27 29 31 33 35 36 38 39 41 42 44 45 46 ...... 26 28 30 31 33 35 36 38 39 41 42 43 45 ...... 25 27 29 30 32 34 35 36 38 39 40 42 43 23 25 27 28 30 31 33 34 35 37 38 39 40 22 24 25 27 28 30 31 32 33 35 36 37 38 ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ 00 00 00 ° ° ° 30 40 50 00 15 30 45 00 15 30 45 00 15 30 45 00 30 00 30 00 30 00 00 00 ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° 0 0 0 1 1 1 1 2 2 2 2 3 3 3 3 4 4 5 5 6 6 7 8 9 10 11 12

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APPENDIX B TO PART 213—SCHEDULE OF CIVIL PENALTIES

Section Violation Willful Viola- tion 1

Subpart A—General: 213.4(a) Excepted track 2 ...... $2,500 $5,000 213.4(b) Excepted track 2 ...... 2,500 5,000 213.4(c) Excepted track 2 ...... 2,500 5,000 213.4(d) Excepted track 2 ...... 2,500 5,000 213.4(e): (1) Excepted track ...... 5,000 7,500 (2) Excepted track ...... 7,000 10,000 (3) Excepted track ...... 7,000 10,000 (4) Excepted track ...... 5,000 7,500 213.4(f) Excepted track ...... 2,000 4,000 213.7 Designation of qualified persons to supervise certain renewals and inspect track ...... 1,000 2,000 213.9 Classes of track: Operating speed limits ...... 2,500 2,500 213.11 Restoration or renewal of track under traffic conditions ...... 2,500 2,500 213.13 Measuring track not under load ...... 1,000 2,000 Subpart B—Roadbed: 213.33 Drainage ...... 2,500 5,000 213.37 Vegetation ...... 1,000 2,000 Subpart C—Track Geometry: 213.53 Gage ...... 5,000 7,500 13.55 Alinement ...... 5,000 7,500 213.57 Curves; elevation and speed limitations ...... 2,500 5,000 213.59 Elevation of curved track; runoff ...... 2,500 2,500 213.63 Track surface ...... 5,000 7,500 Subpart D—Track surface: 213.103 Ballast; general ...... 2,500 5,000 213.109 Crossties (a) Material used ...... 1,000 2,000 (b) Distribution of ties ...... 2,500 5,000 (c) Sufficient number of nondefective ties ...... 1,000 2,000 (d) Joint ties ...... 2,500 5,000 (e) Track constructed without crossties ...... 2,500 5,000 213.113 Defective rails ...... 5,000 7,500 213.115 Rail end mismatch ...... 2,500 5,000 213.118 Continuous welded rail plan (a) through (e) ...... 5,000 7,500 213.119 Continuous welded rail plan contents (a) through (k) ...... 5,000 7,500 213.121 (a) Rail joints ...... 2,500 5,000 213.121 (b) Rail joints ...... 2,500 5,000 213.121 (c) Rail joints ...... 5,000 7,500 213.121 (d) Rail joints ...... 2,500 5,000 213.121 (e) Rail joints ...... 2,500 5,000 213.121 (f) Rail joints ...... 2,500 5,000 213.121 (g) Rail joints ...... 2,500 5,000 213.121 (h) Rail joints ...... 5,000 7,500 213.122 Torch cut rail ...... 2,500 5,000 213.123 Tie plates ...... 1,000 2,000 213.127 Rail fastenings ...... 2,500 5,000 213.133 Turnouts and track crossings, generally ...... 1,000 1,000 213.135 Switches: (a) through (g) ...... 2,500 5,000 (h) chipped or worn points ...... 5,000 7,500 213.137 Frogs ...... 2,500 5,000 213.139 Spring rail frogs ...... 2,500 5,000 213.141 Self-guarded frogs ...... 2,500 5,000 213.143 Frog guard rails and guard faces; gage ...... 2,500 5,000 Subpart E—Track appliances and track-related devices: 213.205 Derails ...... 2,500 5,000 Subpart F—Inspection: 213.233 Track inspections ...... 2,000 4,000 213.235 Switches, crossings, transition devices ...... 2,000 4,000 213.237 Inspection of rail ...... 2,500 5,000 213.239 Special inspections ...... 2,500 5,000 213.241 Inspection records ...... 1,000 1,000 Subpart G—High Speed: 213.305 Designation of qualified individuals; general qualifications ...... 1,000 2,000 213.307 Class of track; operating speed limits ...... 2,500 5,000 213.309 Restoration or renewal of track under traffic conditions ...... 2,500 5,000 213.311 Measuring track not under load ...... 1,000 2,000 213.319 Drainage ...... 2,500 5,000 213.321 Vegetation ...... 1,000 2,000

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VerDate Mar<15>2010 14:14 Nov 15, 2011 Jkt 223217 PO 00000 Frm 00163 Fmt 8010 Sfmt 8002 Q:\49\49V4.TXT ofr150 PsN: PC150 Pt. 214 49 CFR Ch. II (10–1–11 Edition)

Section Violation Willful Viola- tion 1

213.323 Track gage ...... 5,000 7,500 213.327 Alinement ...... 5,000 7,500 213.329 Curves, elevation and speed limits ...... 2,500 5,000 213.331 Track surface ...... 5,000 7,500 213.333 Automated vehicle inspection systems ...... 5,000 7,500 213.335 Crossties (a) Material used ...... 1,000 2,000 (b) Distribution of ties ...... 2,500 5,000 (c) Sufficient number of nondefective ties, non-concrete ...... 1,000 2,000 (d) Sufficient number of nondefective concrete ties ...... 1,000 2,000 (e) Joint ties ...... 2,500 5,000 (f) Track constructed without crossties ...... 2,500 5,000 (g) Non-defective ties surrounding defective ties ...... 2,500 5,000 (h) Tie plates ...... 2,500 5,000 (i) Tie plates ...... 1,000 2,000 213.337 Defective rails ...... 5,000 7,500 213.339 Inspection of rail in service ...... 2,500 5,000 213.341 Inspection of new rail ...... 2,500 5,000 213.343 Continuous welded rail (a) through (h) ...... 5,000 7,500 213.345 Vehicle qualification testing (a) through (b) ...... 5,000 7,500 (c) through (e) ...... 2,500 5,000 213.347 Automotive or railroad crossings at grade ...... 5,000 7,500 213.349 Rail end mismatch ...... 2,500 5,000 213.351 (a) Rail joints ...... 2,500 5,000 213.351 (b) Rail joints ...... 2,500 5,000 213.351 (c) Rail joints ...... 5,000 7,500 213.351 (d) Rail joints ...... 2,500 5,000 213.351 (e) Rail joints ...... 2,500 5,000 213.351 (f) Rail joints ...... 5,000 7,500 213.351 (g) Rail joints ...... 5,000 7,500 213. 352 Torch cut rails ...... 2,500 5,000 213.353 Turnouts, crossovers, transition devices ...... 1,000 2,000 213.355 Frog guard rails and guard faces; gage ...... 2,500 5,000 213.357 Derails ...... 2,500 5,000 213.359 Track stiffness ...... 5,000 7,500 213.361 Right of way ...... 5,000 7,500 213.365 Visual inspections ...... 2,500 5,000 213.367 Special inspections ...... 2,500 5,000 213.369 Inspections records ...... 2,000 4,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 In addition to assessment of penalties for each instance of noncompliance with the requirements identified by this footnote, track segments designated as excepted track that are or become ineligible for such designation by virtue of noncompliance with any of the requirements to which this footnote applies are subject to all other requirements of Part 213 until such noncompliance is remedied.

[63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998, as amended at 70 FR 66299, Nov. 2, 2005; 73 FR 79701, Dec. 30, 2008; 74 FR 43006, Aug. 25, 2009]

PART 214—RAILROAD WORKPLACE 214.109 Scaffolding. 214.111 Personal protective equipment, gen- SAFETY erally. 214.113 Head protection. Subpart A—General 214.115 Foot protection. Sec. 214.117 Eye and face protection. 214.1 Purpose and scope. 214.3 Application. Subpart C—Roadway Worker Protection 214.4 Preemptive effect. 214.301 Purpose and scope. 214.5 Responsibility for compliance. 214.302 Information collection require- 214.7 Definitions. ments. Subpart B—Bridge Worker Safety Standards 214.303 Railroad on-track safety programs, generally. 214.101 Purpose and scope. 214.305 Compliance dates. 214.103 Fall protection, generally. 214.307 Review and approval of individual 214.105 Fall protection systems standards on-track safety programs by FRA. and practices. 214.309 On-track safety program documents. 214.107 Working over or adjacent to water. 214.311 Responsibility of employers.

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