Pt. 217, App. A 49 CFR Ch. II (10–1–12 Edition) APPENDIX A TO PART 217—SCHEDULE OF CIVIL PENALTIES 1 Willful viola- Section Violation tion 217.7 Operating rules: (a) ............................................................................................................................................ $2,500 $5,000 (b) ............................................................................................................................................ $2,000 $5,000 (c) ............................................................................................................................................ $2,500 $5,000 217.9 Operational tests and inspections: (a) Failure to implement a program ........................................................................................ $9,500– $13,000– 12,500 16,000 (b) Railroad and railroad testing officer responsibilities:. (1) Failure to provide instruction, examination, or field training, or failure to con- duct tests in accordance with program ................................................................. 9,500 13,000 (2) Records ............................................................................................................... 7,500 11,000 (c) Record of program; program incomplete .......................................................................... 7,500– 11,000– 12,500 16,000 (d) Records of individual tests and inspections ...................................................................... 7,500 (e) Failure to retain copy of or conduct:. (1)(i) Quarterly review ............................................................................................... 9,500 13,000 (1)(ii) and (2) Six month review ................................................................................ 9,500 13,000 (3) Records ............................................................................................................... 7,500 11,000 (f) Annual summary ................................................................................................................ 7,500 11,000 (h) Failure to timely or appropriately amend program after disapproval ................................ 9,500– 13,000– 12,500 16,000 217.11 Program of instruction on operating rules: (a) ............................................................................................................................................ $5,000 $7,500 (b) ............................................................................................................................................ $2,500 $5,000 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 $105,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. [59 FR 43071, Aug. 22, 1994, as amended at 63 FR 11620, Mar. 10, 1998; 69 FR 30593, May 28, 2004; 73 FR 8497, Feb. 13, 2008; 73 FR 79701, Dec. 30, 2008; 77 FR 24420, Apr. 24, 2012] PART 218—RAILROAD OPERATING 218.39 Hump operations. 218.41 Noncompliance with hump operations PRACTICES rule. Subpart A—General Subpart D—Prohibition Against Tampering With Safety Devices Sec. 218.1 Purpose. 218.51 Purpose. 218.3 Application. 218.53 Scope and definitions. 218.4 Preemptive effect. 218.55 Tampering prohibited. 218.5 Definitions. 218.57 Responsibilities of individuals. 218.7 Waivers. 218.59 Responsibilities of railroads. 218.9 Civil penalty. 218.61 Authority to deactivate safety de- 218.11 Filing, testing, and instruction. vices. Subpart B—Blue Signal Protection of Subpart E—Protection of Occupied Camp Workers Cars 218.21 Scope. 218.71 Purpose and scope. 218.22 Utility employee. 218.73 Warning signal display. 218.23 Blue signal display. 218.75 Methods of protection for camp cars. 218.24 One-person crew. 218.77 Remotely controlled switches. 218.25 Workers on a main track. 218.79 Alternative methods of protection. 218.27 Workers on track other than main 218.80 Movement of occupied camp cars. track. 218.29 Alternate methods of protection. Subpart F—Handling Equipment, Switches, 218.30 Remotely controlled switches. and Fixed Derails Subpart C—Protection of Trains and 218.91 Purpose and scope. Locomotives 218.93 Definitions. 218.95 Instruction, training, and examina- 218.31 Scope. tion. 218.35 Yard limits. 218.97 Good faith challenge procedures. 218.37 Flag protection. 218.99 Shoving or pushing movements. 216 VerDate Mar<15>2010 22:01 Dec 09, 2012 Jkt 226220 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Q:\49\49V4.TXT ofr150 PsN: PC150 Federal Railroad Administration, DOT § 218.5 218.101 Leaving rolling and on-track main- U.S.C. 20106 (section 20106), issuance of tenance-of-way equipment in the clear. the regulations in this part preempts 218.103 Hand-operated switches, including any State law, regulation, or order cov- crossover switches. ering the same subject matter, except 218.105 Additional operational requirements for hand-operated main track switches. an additional or more stringent law, 218.107 Additional operational requirements regulation, or order that is necessary for hand-operated crossover switches. to eliminate or reduce an essentially 218.109 Hand-operated fixed derails. local railroad safety or railroad secu- APPENDIX A TO PART 218—SCHEDULE OF CIVIL rity hazard; that is not incompatible PENALTIES with a law, regulation, or order of the APPENDIX B TO PART 218—STATEMENT OF United States Government; and that AGENCY ENFORCEMENT POLICY ON BLUE does not unreasonably burden inter- SIGNAL PROTECTION FOR UTILITY EMPLOY- state commerce. Section 20106 permits EES State tort actions arising from events APPENDIX C TO PART 218—STATEMENT OF or activities occurring on or after Jan- AGENCY ENFORCEMENT POLICY ON TAM- PERING uary 18, 2002, for the following: Viola- APPENDIX D TO PART 218—REQUIREMENTS AND tion of the Federal standard of care es- CONSIDERATIONS FOR IMPLEMENTING TECH- tablished by regulation or order issued NOLOGY AIDED POINT PROTECTION the Secretary of Transportation (with AUTHORITY: 49 U.S.C. 20103, 20107; 28 U.S.C. respect to railroad safety, such as 2461, note; and 49 CFR 1.49. these regulations) or the Secretary of Homeland Security (with respect to SOURCE: 44 FR 2175, Jan. 10, 1979, unless railroad security); a party’s violation otherwise noted. of, or failure to comply with, its own plan, rule, or standard that it created Subpart A—General pursuant to a regulation or order issued by either of the two Secretaries; § 218.1 Purpose. and a party’s violation of a State This part prescribes minimum re- standard that is necessary to eliminate quirements for railroad operating rules or reduce an essentially local safety or and practices. Each railroad may pre- security hazard, is not incompatible scribe additional or more stringent re- with a law, regulation, or order of the quirements in its operating rules, time- United States Government, and does tables, timetable special instructions, not unreasonably burden interstate and other special instructions. commerce. Nothing in section 20106 creates a Federal cause of action on be- § 218.3 Application. half of an injured party or confers Fed- (a) Except as provided in paragraph eral question jurisdiction for such (b) of this section, this part applies to State law causes of action. railroads that operate rolling equip- [73 FR 8498, Feb. 13, 2008] ment on standard gage track which is part of the general railroad system of § 218.5 Definitions. transportation. Absolute block means a block in which (b) This part does not apply to— no train is permitted to enter while it (1) A railroad that operates only on is occupied by another train. track inside an installation which is Blue signal means a clearly distin- not part of the general railroad system guishable blue flag or blue light by day of transportation, or and a blue light at night. When at- (2) Rapid transit operations in an tached to the operating controls of a urban area that are not connected with locomotive, it need not be lighted if the general railroad system of trans- the inside of the cab area of the loco- portation. motive is sufficiently lighted so as to [44 FR 2175, Jan. 10, 1979, as amended at 53 make the blue signal clearly distin- FR 28599, July 28, 1988] guishable. Camp car means any on-track vehicle, § 218.4 Preemptive effect. including outfit, camp, or bunk cars or Normal State negligence standards modular homes mounted on flat cars apply where there is no Federal action used to house rail employees. It does covering the subject matter. Under 49 not include wreck trains. 217 VerDate Mar<15>2010 22:01 Dec 09, 2012 Jkt 226220 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Q:\49\49V4.TXT ofr150 PsN: PC150 § 218.5 49 CFR Ch. II (10–1–12 Edition) Car shop repair track area means one is under the exclusive control of me- or more tracks within an area in which chanical department personnel. the testing, servicing, repair, inspec- Main track means a track, other than tion, or rebuilding of railroad rolling an auxiliary track, extending through equipment is under the exclusive con- yards or between stations, upon which trol of mechanical department per- trains are operated by timetable or sonnel. train order or both, or the use of which Controlling locomotive means a loco- is governed by a signal system. motive arranged as having the only Rolling equipment includes loco- controls over all electrical, mechanical motives, railroad cars, and one or more and pneumatic functions for one or locomotives coupled to one or more more locomotives, including controls cars.