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100 Part 213—Track Safety Standards

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§ 212.233 49 CFR Ch. II (10–1–11 Edition) deemed to meet all requirements of PART 213—TRACK SAFETY this section and is qualified to conduct STANDARDS independent inspections of all types of highway-rail grade crossing warning Subpart A—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 B—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 C—Track Geometry (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 D—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. 100 VerDate Mar<15>2010 14:14 Nov 15, 2011 Jkt 223217 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Q:\49\49V4.TXT ofr150 PsN: PC150 Federal Railroad Administration, DOT § 213.4 Subpart E—Track Appliances and Track- APPENDIX B TO PART 213—SCHEDULE OF CIVIL Related Devices PENALTIES AUTHORITY: 49 U.S.C. 20102–20114 and 20142; 213.201 Scope. 213.205 Derails Sec. 403, Div. A, Pub. L. 110–432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR 1.49. Subpart F—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 concrete 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 G—Train 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 trains 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 rapid transit 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; 101 VerDate Mar<15>2010 14:14 Nov 15, 2011 Jkt 223217 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Q:\49\49V4.TXT ofr150 PsN: PC150 § 213.5 49 CFR Ch. II (10–1–11 Edition) (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 street 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.
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