§ 215.1 49 CFR Ch. II (10–1–10 Edition)

215.111 Defective plain bearing. (2) Having a Canadian or Mexican re- 215.113 Defective plain bearing wedge. porting mark and car number. 215.115 Defective roller bearing. (c) This part does not apply to a rail- 215.117 Defective roller bearing adapter. road freight car that is: 215.119 Defective freight car truck. (1) Operated solely on inside an CAR BODIES industrial or other non-railroad instal- lation; or 215.121 Defective car body. (2) Used exclusively in dedicated DRAFT SYSTEM service as defined in § 215.5(d) of this part; or 215.123 Defective couplers. 215.125 Defective uncoupling device. (3) Maintenance-of-way equipment 215.127 Defective draft arrangement. (including self-propelled maintenance- 215.129 Defective cushioning device. of-way equipment) if that equipment is not used in revenue service and is sten- Subpart C—Restricted Equipment ciled in accordance with § 215.305 of this part. 215.201 Scope. (4) Operated in a passenger train and 215.203 Restricted cars. that is inspected, tested, maintained, Subpart D—Stenciling and operated pursuant to the require- ments contained in part 238 of this 215.301 General. chapter. 215.303 Stenciling of restricted cars. 215.305 Stenciling of maintenance-of-way [44 FR 77340, Dec. 31, 1979, as amended at 65 equipment. FR 41305, July 3, 2000] APPENDIX A TO PART 215—RAILROAD FREIGHT § 215.5 Definitions. CAR COMPONENTS APPENDIX B TO PART 215—SCHEDULE OF CIVIL As used in this part: PENALTIES (a) Break means a fracture resulting APPENDIX C TO PART 215—FRA FREIGHT CAR in complete separation into parts; STANDARDS DEFECT CODE (b) Cracked means fractured without APPENDIX D TO PART 215—PRE-DEPARTURE IN- complete separation into parts, except SPECTION PROCEDURE that castings with shrinkage cracks or AUTHORITY: 49 U.S.C. 20103, 20107; 28 U.S.C. hot tears that do not significantly di- 2461, note; and 49 CFR 1.49. minish the strength of the member are SOURCE: 44 FR 77340, Dec. 31, 1979, unless not considered to be ‘‘cracked’’; otherwise noted. (c) Railroad freight car means a car designed to carry freight, or railroad personnel, by rail and includes a: Subpart A—General (1) Box car; § 215.1 Scope of part. (2) ; (3) Ventilator car; This part prescribes minimum Fed- (4) Stock car; eral safety standards for railroad (5) car; freight cars. (6) ; (7) Flat car; § 215.3 Application. (8) Special car; (a) Except as provided in paragraphs (9) car; (b) and (c) of this section, this part ap- (10) ; and plies to each railroad freight car in (11) Yard car. service on: (d) Dedicated service means the exclu- (1) Standard gage track of a railroad; sive assignment of cars to the trans- or portation of freight between specified (2) Any other standard gage track points under the following conditions: while the car is being operated by, or is (1) The cars are operated— otherwise under the control of, a rail- (i) Primarily on track that is inside road. an industrial or other non-railroad in- (b) Sections 215.15 and 215.303 of this stallation; and part do not apply to any car: (ii) Only occasionally over track of a (1) Owned by a Canadian or Mexican railroad; Railroad; and (2) The cars are not operated—

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(i) At speeds of more than 15 miles traditional railroads. Such term does per hour; and not include rapid transit operations (ii) Over track of a railroad— within an urban area that are not con- (A) For more than 30 miles in one di- nected to the general railroad system rection; or of transportation. (B) On a round trip of more than 60 (g) State inspector means an inspector miles; who is participating in investigative (3) The cars are not freely inter- and surveillance activities under sec- changed among railroads; tion 206 of the Federal Railroad Safety (4) The words ‘‘Dedicated Service’’ Act of 1970 (45 U.S.C. 435). are stenciled, or otherwise displayed, in clearly legible letters on each side of [44 FR 77340, Dec. 31, 1979, as amended at 45 FR 26710, Apr. 21, 1980; 54 FR 33228, Aug. 14, the car body; 1989] (5) The cars have been examined and found safe to operate in dedicated serv- § 215.7 Prohibited acts. ice; and (6) The railroad must— Any person (an entity of any type (i) Notify the FRA in writing that covered under 1 U.S.C. 1, including but the cars are to be operated in dedicated not limited to the following: a railroad; service; a manager, supervisor, official, or (ii) Identify in that notice— other employee or agent of a railroad; (A) The railroads affected; any owner, manufacturer, lessor, or (B) The number and type of cars in- lessee of railroad equipment, track, or volved; facilities; any independent contractor (C) The commodities being carried; providing goods or services to a rail- and road; and any employee of such owner, (D) The territorial and speed limits manufacturer, lessor, lessee, or inde- within which the cars will be operated; pendent contractor) who violates any and requirement of this part or causes the (iii) File the notice required by this violation of any such requirement is paragraph not less than 30 days before subject to a civil penalty of at least the cars operate in dedicated service; $650 and not more than $25,000 per vio- (e) In service when used in connection lation, except that: Penalties may be with a railroad freight car, means each assessed against individuals only for railroad freight car subject to this part willful violations, and, where a grossly unless the car: negligent violation or a pattern of re- (1) Has a ‘‘bad order’’ or ‘‘home shop peated violations has created an immi- for repairs’’ tag or card containing the nent hazard of death or injury to per- prescribed information attached to sons, or has caused death or injury, a each side of the car and is being han- penalty not to exceed $100,000 per viola- dled in accordance with § 215.9 of this tion may be assessed. Each day a viola- part; tion continues shall constitute a sepa- (2) Is in a repair shop or on a repair rate offense. See appendix B to this track; part for a statement of agency civil (3) Is on a storage track and is penalty policy. empty; or [53 FR 28599, July 28, 1988, as amended at 53 (4) Has been delivered in interchange FR 52925, Dec. 29, 1988; 63 FR 11620, Mar. 10, but has not been accepted by the re- 1998; 69 FR 30593, May 28, 2004; 72 FR 51196, ceiving carrier. Sept. 6, 2007; 73 FR 79701, Dec. 30, 2008] (f) Railroad means all forms of non- highway ground transportation that § 215.9 Movement of defective cars for run on rails or electromagnetic guide- repair. ways, including (1) commuter or other (a) A railroad freight car which has short-haul rail passenger service in a any component described as defective metropolitan or suburban area, and (2) in this part may be moved to another high speed ground transportation sys- location for repair only after the rail- tems that connect metropolitan areas, road has complied with the following: without regard to whether they use (1) A person designated under § 215.11 new technologies not associated with shall determine:

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