section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 49:49:4.1.1.1.1.0.1.1,49,Transportation,II,,200,PART 200—INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE,,,,§ 200.1 General.,FRA,,,,This part prescribes procedures under which applications will be received and heard and by which rules and orders will be issued under subsection 402(e) and section 406 of the Rail Passenger Service Act (45 U.S.C. 562(e) and 566). 49:49:4.1.1.1.1.0.1.2,49,Transportation,II,,200,PART 200—INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE,,,,§ 200.3 Definitions.,FRA,,,,"(a) Act means the Rail Passenger Service Act (45 U.S.C. 500 et seq. ). (b) Administrator means the Federal Railroad Administrator, the Deputy Administrator of FRA, or the delegate of either. (c) Amtrak means the National Railroad Passenger Corporation. (d) Amtrak trains means trains operated by or on behalf of Amtrak. (e) Chief Counsel means the Chief Counsel or Acting Chief Counsel of the FRA. (f) Downgrading of a facility means a reduction in track classification as specified in FRA track safety standards (49 CFR part 213), or any other change in facilities which may increase the time required for a passenger train to operate over the route on which such facility is located. (g) Facility means railroad tracks, right-of-way, fixed equipment and facilities, real-property appurtenant thereto, and includes signal systems, passenger station and repair tracks, station buildings, platforms, and adjunct facilities such as water, fuel, steam, electric, and air lines. (h) FRA means the Federal Railroad Administration. (i) Railroad means a person providing railroad transportation for compensation. (j) Shipper means a person contracting with one or more railroads for freight transportation." 49:49:4.1.1.1.1.0.1.3,49,Transportation,II,,200,PART 200—INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE,,,,§ 200.5 Applications.,FRA,,,"[45 FR 64192, Sept. 29, 1980, as amended at 74 FR 25171, May 27, 2009]","(a) Each application and objection under this part shall be submitted in writing to: Docket Clerk, Office of the Chief Counsel, Federal Railroad Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. (b) Any procedural issues arising from the submission or consideration of applications under this part, such as timeliness and adequacy, shall be heard and decided by the Administration's panel established under § 200.9. (c) Any railroad adversely affected by the preference requirement of subsection 402(e) of the Act may apply to the Administrator for an order altering that requirement. Each application shall: (1) List by endpoints the routes that are so affected; and (2) Explain for every route listed how the preference requirement of subsection 402(e) will materially lessen the quality of freight service afforded by the applicant to its shippers, including information, data or documents sufficient to support that explanation; and (3) Include an analysis of whether and by how much Amtrak's compensation to the railroad should be reduced if the preference requirement is altered. (d) In accordance with section 406 of the Act, any railroad may apply to the Administrator for approval to downgrade or dispose of its facilities. Each application shall: (1) List the facilities for proposed downgrading or disposal; (2) Describe and give the location of each such facility and identify the most recent passenger service that made use of such facilities; and (3) Contain for each facility an analysis of the costs the railroad could avoid if it were not required to maintain or retain the facility in the condition requested by Amtrak, including information, data and documents sufficient to support the analysis. (e) In addition to the data provided with their applications, applicants shall furnish the Administrator with any other information that the Administrator finds necessary in order to make the determinations required by the Act. (f) Each applicant shall promptly notify, by registered or certified mail, any party affected by any application, whether Amtrak or a railroad, of the submission of such application under this part, and shall provide a copy of the application with such notice. An official United States Postal Service receipt from the registered or certified mailing constitutes prima facie evidence of notice." 49:49:4.1.1.1.1.0.1.4,49,Transportation,II,,200,PART 200—INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE,,,,§ 200.7 Objections.,FRA,,,,"(a) Amtrak or any other party shall have 30 days from the date an application is received by FRA pursuant to section 402(e) of the Act to object to the proposed alteration of the preference requirement. Such objections shall be in writing and shall reference, by date, railroad, and former passenger routes, the application to which it pertains. (b) Amtrak shall have 30 days from the date an application is received by FRApursuant to section 406 of the Act to object to any or all of the facility downgradings or disposals proposed in such application. Such objections shall be in writing and shall reference, by date, railroad, and former passenger routes, the application to which it pertains and shall list, by facility description and location, the specific downgradings or disposals to which Amtrak objects." 49:49:4.1.1.1.1.0.1.5,49,Transportation,II,,200,PART 200—INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE,,,,§ 200.9 Hearings.,FRA,,,,"(a) Pursuant to any application under this part, a prehearing conference will be held if found necessary or desirable by the Administrator. (b) Pursuant to any application under this part, an oral hearing will be held if required by statute or if found necessary or desirable by the Administrator. (c) Hearings shall be conducted by a panel designated by the Administrator, consisting of three FRA employees, including the Chief Counsel or a member of his or her staff who shall serve as chairman of the panel and the Associate Administrator for Intercity Programs or his or her delegate. (d) Hearings shall be informal fact-finding proceedings, limited to the issues identified by the panel. Sections 556 and 557 of title 5, U.S.C., shall not apply. (e) All direct evidence shall be reduced to writing and submitted to the Docket Clerk thirty days in advance of the hearing unless this requirement is expressly waived by the panel. Copies shall be furnished to all parties concurrently with the submission to the Docket Clerk. (f) The panel may provide for oral presentations and cross-examination, and shall apply rules of evidence as it finds necessary. (g) To the extent deemed appropriate by the panel, interested persons, including members of the public, may participate in the hearings through the submission of written data, oral presentations, or arguments." 49:49:4.1.1.1.1.0.1.6,49,Transportation,II,,200,PART 200—INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE,,,,"§ 200.11 Orders, approvals, and determinations.",FRA,,,,"(a) The Administrator shall promptly approve the downgrading or disposal of any facility to which Amtrak does not submit a timely objection under this part. (b) Orders, approvals, and determinations issued by the Administrator's panel under this part constitute the Administrator's action and shall be final. (c) Determinations under this part are not required to be based exclusively on the record of a hearing." 49:49:4.1.1.1.1.0.1.7,49,Transportation,II,,200,PART 200—INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE,,,,§ 200.13 Publication.,FRA,,,,"(a) General notice of any hearing under this subpart shall be published in the Federal Register not less than 10 days before the hearing, and shall include (1) a statement of the time, place, and nature of the hearing, (2) a reference to the legal authority under which the hearing is being held and (3) a description of the subject and issues involved. (b) Any order, approval, or determination resulting from any hearing held under this part shall be published in the Federal Register." 49:49:4.1.1.1.10.1.8.1,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,A,Subpart A—General,,§ 215.1 Scope of part.,FRA,,,,This part prescribes minimum Federal safety standards for railroad freight cars. 49:49:4.1.1.1.10.1.8.2,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,A,Subpart A—General,,§ 215.3 Application.,FRA,,,"[44 FR 77340, Dec. 31, 1979, as amended at 65 FR 41305, July 3, 2000]","(a) Except as provided in paragraphs (b) and (c) of this section, this part applies to each railroad freight car in service on: (1) Standard gage track of a railroad; or (2) Any other standard gage track while the car is being operated by, or is otherwise under the control of, a railroad. (b) Sections 215.15 and 215.303 of this part do not apply to any car: (1) Owned by a Canadian or Mexican Railroad; and (2) Having a Canadian or Mexican reporting mark and car number. (c) This part does not apply to a railroad freight car that is: (1) Operated solely on track inside an industrial or other non-railroad installation; or (2) Used exclusively in dedicated service as defined in § 215.5(d) of this part; or (3) Maintenance-of-way equipment (including self-propelled maintenance-of-way equipment) if that equipment is not used in revenue service and is stenciled in accordance with § 215.305 of this part. (4) Operated in a passenger train and that is inspected, tested, maintained, and operated pursuant to the requirements contained in part 238 of this chapter." 49:49:4.1.1.1.10.1.8.3,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,A,Subpart A—General,,§ 215.5 Definitions.,FRA,,,"[89 FR 103692, Dec. 19, 2024]","As used in this part: Break means a fracture resulting in complete separation into parts. Component means a part or subassembly of a railroad freight car. Control means the power, whether direct or indirect and whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity; representation on the board of directors of an entity; proxy voting on the board of directors of an entity; a special share in the entity; a contractual arrangement with the entity; a formal or informal arrangement to act in concert with an entity; or any other means, to determine, direct, make decisions, or cause decisions to be made for the entity. Cost of sensitive technology means the aggregate cost of the sensitive technology located on a railroad freight car. Country of concern means a country that— (1) Was identified by the Department of Commerce as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of November 15, 2021; (2) Was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list (as defined in subsection (g)(3) of such section); and (3) Is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416). Dedicated service means the exclusive assignment of cars to the transportation of freight between specified points under the following conditions: (1) The cars are operated— (i) Primarily on track that is inside an industrial or other non-railroad installation; and (ii) Only occasionally over track of a railroad; (2) The cars are not operated— (i) At speeds of more than 15 miles per hour; and (ii) Over track of a railroad— (A) For more than 30 miles in one direction; or (B) On a round trip of more than 60 miles; (3) The cars are not freely interchanged among railroads; (4) The words “Dedicated Service” are stenciled, or otherwise displayed, in clearly legible letters on each side of the car body; (5) The cars have been examined and found safe to operate in dedicated service; and (6) The railroad must— (i) Notify FRA in writing that the cars are to be operated in dedicated service; (ii) Identify in that notice— (A) The railroads affected; (B) The number and type of cars involved; (C) The commodities being carried; and (D) The territorial and speed limits within which the cars will be operated; and (iii) File the notice required by this paragraph (6)(iii) of the definition not less than 30 days before the cars operate in dedicated service. In service , when used in connection with a railroad freight car, means each railroad freight car subject to this part unless the car: (1) Has a “bad order” or “home shop for repairs” tag or card containing the prescribed information attached to each side of the car and is being handled in accordance with § 215.9; (2) Is in a repair shop or on a repair track; (3) Is on a storage track and is empty; or (4) Has been delivered in interchange but has not been accepted by the receiving carrier. Net cost has the meaning given such term in chapter 4 of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. Qualified facility means a facility that is not owned or under the control of a state-owned enterprise. Qualified manufacturer means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise. Railroad means all forms of non-highway ground transportation that run on rails or electromagnetic guideways, including: (1) Commuter or other short-haul rail passenger service in a metropolitan or suburban area; and (2) High speed ground transportation systems that connect metropolitan areas, without regard to whether they use new technologies not associated with traditional railroads. Such term does not include rapid transit operations within an urban area that are not connected to the general railroad system of transportation. Railroad freight car means any car designed to carry freight or railroad personnel by rail, including— (1) A box car; (2) A refrigerator car; (3) A ventilator car; (4) An intermodal well car; (5) A gondola car; (6) A hopper car; (7) An auto rack car; (8) A flat car; (9) A special car; (10) A caboose car; (11) A tank car; and (12) A yard car. Sensitive technology means any device embedded with electronics, software, sensors, or other connectivity, that enables the device to connect to, collect data from, or exchange data with another device, including— (1) Onboard telematics; (2) Remote monitoring software; (3) Firmware; (4) Analytics; (5) Global positioning system satellite and cellular location tracking systems; (6) Event status sensors; (7) Predictive component condition and performance monitoring sensors; and (8) Similar sensitive technologies embedded into freight railcar components and sub-assemblies. State inspector means an inspector who is participating in investigative and surveillance activities under section 206 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 435). State-owned enterprise means— (1) An entity that is owned by, or under the control of, a national, provincial, or local government of a country of concern, or an agency of such government; or (2) An individual acting under the direction or influence of a government or agency described in paragraph (1) of this definition. Substantially transformed means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process, as described in chapter 4 and related annexes of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. USMCA. The acronym 'USMCA' has the meaning given the term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502)." 49:49:4.1.1.1.10.1.8.4,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,A,Subpart A—General,,§ 215.7 Prohibited acts.,FRA,,,"[90 FR 28139, July 1, 2025]","(a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) “Person” means an entity of any type covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor. (c) Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy." 49:49:4.1.1.1.10.1.8.5,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,A,Subpart A—General,,§ 215.9 Movement of defective cars for repair.,FRA,,,"[44 FR 77340, Dec. 31, 1979; 45 FR 26710, Apr. 21, 1980]","(a) A railroad freight car which has any component described as defective in this part may be moved to another location for repair only after the railroad has complied with the following: (1) A person designated under § 215.11 shall determine: (i) That it is safe to move the car; and (ii) The maximum speed and other restrictions necessary for safely conducting the movement; (2)(i) The person in charge of the train in which the car is to be moved shall be notified in writing and inform all other crew members of the presence of the defective car and the maximum speed and other restrictions determined under paragraph (a)(1)(ii) of this section. (ii) A copy of the tag or card described in paragraph (a)(3) of this section may be used to provide the notification required by paragraph (a)(2)(i) of this section. (3) A tag or card bearing the words “bad order” or “home shop for repairs” and containing the following information, shall be securely attached to each side of the car— (i) The reporting mark and car number; (ii) The name of the inspecting railroad; (iii) The inspection location and date; (iv) The nature of each defect; (v) Movement restrictions; (vi) The destination for shopping or repair; and (vii) The signature of a person designated under § 215.11. (b)(1) The tag or card required by paragraph (a)(3) of this section may only be removed from the car by a person designated under § 215.11 of this part. (2) A record or copy of each tag or card attached to or removed from a car shall be retained for 90 days and, upon request, shall be made available within 15 calendar days for inspection by FRA or State inspectors. (3) Each tag or card removed from a car shall contain a notification stating the date, location, reason for its removal, and the signature of the person who removed it from the car. These recordkeeping requirements have been approved by the Office of Management and Budget in accordance with the Federal Reports Act of 1942. (c) Movement of a freight car under paragraph (a) of this section may be made only for the purpose of effecting repairs. If the car is empty, it may not be placed for loading. If the car is loaded, it may not be placed for unloading unless unloading is consistent with determinations made and restrictions imposed under paragraph (a)(1) of this section and— (1) The car is consigned for a destination on the line of haul between the point where the car was found defective and the point where repairs are made; or (2) Unloading is necessary for the safe repair of the car. (d) Nothing in this section authorizes the movement of a freight car subject to a Special Notice for Repairs unless the movement is made in accordance with the restrictions contained in the Special Notice." 49:49:4.1.1.1.10.1.8.6,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,A,Subpart A—General,,§ 215.11 Designated inspectors.,FRA,,,"[45 FR 26710, Apr. 21, 1980]","(a) Each railroad that operates railroad freight cars to which this part applies shall designate persons qualified to inspect railroad freight cars for compliance with this part and to make the determinations required by § 215.9 of this part. (b) Each person designated under this section shall have demonstrated to the railroad a knowledge and ability to inspect railroad freight cars for compliance with the requirements of this part and to make the determinations required by § 215.9 of this part. (c) With respect to designations under this section, each railroad shall maintain written records of: (1) Each designation in effect; and (2) The basis for each designation." 49:49:4.1.1.1.10.1.8.7,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,A,Subpart A—General,,§ 215.13 Pre-departure inspection.,FRA,,,"[45 FR 26710, Apr. 21, 1980]","(a) At each location where a freight car is placed in a train, the freight car shall be inspected before the train departs. This inspection may be made before or after the car is placed in the train. (b) At a location where an inspector designated under § 215.11 is on duty for the purpose of inspecting freight cars, the inspection required by paragraph (a) of this section shall be made by that inspector to determine whether the car is in compliance with this part. (c) At a location where a person designated under § 215.11 is not on duty for the purpose of inspecting freight cars, the inspection required by paragraph (a) shall, as a minimum, be made for those conditions set forth in appendix D to this part. (d) Performance of the inspection prescribed by this section does not relieve a railroad of its liability under § 215.7 for failure to comply with any other provision of this part." 49:49:4.1.1.1.10.1.8.8,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,A,Subpart A—General,,§ 215.15 Periodic inspection.,FRA,,,,"(a) After June 30, 1980, a railroad may not place or continue in service a freight car that has not received an initial periodic inspection in accordance with 49 CFR 215.25, as in effect on October 6, 1976 (41 FR 44044), unless— (1) The car is a high utilization car built or reconditioned after December 31, 1977; or (2) The car is a non-high utilization car built or reconditioned after December 31, 1971. (b) A freight car that has received an initial periodic inspection under paragraph (a) of this section shall be stenciled to so indicate in accordance with 49 CFR 215.11 and appendix C of this part, as in effect on October 6, 1976 (41 FR 44044). This stenciling need not be retained on the car after June 30, 1981. (c) As used in this section, “high utilization car” means a car— (1) Specifically equipped to carry trucks, automobiles, containers, trailers, or removable trailer bodies for the transportation of freight; or (2) Assigned to a train that operates in a continuous round trip cycle between the same two points." 49:49:4.1.1.1.10.2.10.12,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.123 Defective couplers.,FRA,,,,"A railroad may not place or continue in service a car, if— (a) The car is equipped with a coupler shank that is bent out of alignment to the extent that the coupler will not couple automatically with the adjacent car; (b) The car has a coupler that has a crack in the highly stressed junction area of the shank and head as shown in the figure below (see figure 2). (c) The car has a coupler knuckle that is broken or cracked on the inside pulling face of the knuckle. (d) The car has a knuckle pin or knuckle thrower that is: (1) Missing; or (2) Inoperative; or (e) The car has a coupler retainer pin lock that is— (1) Missing; or (2) Broken; or (f) The car has a coupler with any of the following conditions: (1) The locklift is inoperative; (2) The coupler assembly does not have anticreep protection to prevent unintentional unlocking of the coupler lock; or (3) The coupler lock is— (i) Missing; (ii) Inoperative; (iii) Bent; (iv) Cracked; or (v) Broken." 49:49:4.1.1.1.10.2.10.13,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.125 Defective uncoupling device.,FRA,,,,"A railroad may not place or continue in service a car, if the car has an uncoupling device without sufficient vertical and lateral clearance to prevent— (a) Fouling on curves; or (b) Unintentional uncouplings." 49:49:4.1.1.1.10.2.10.14,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.127 Defective draft arrangement.,FRA,,,,"A railroad may not place or continue in service a car, if— (a) The car has a draft gear that is inoperative; (b) The car has a broken yoke; (c) An end of car cushioning unit is— (1) Leaking clearly formed droplets; or (2) Inoperative; (d) A vertical coupler pin retainer plate— (1) Is missing (except by design); or (2) Has a missing fastener; (e) The car has a draft key, or draft key retainer, that is— (1) Inoperative; or (2) Missing; or (f) The car has a missing or broken follower plate." 49:49:4.1.1.1.10.2.10.15,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.129 Defective cushioning device.,FRA,,,,"A railroad may not place or continue in service a car if it has a cushioning device that is— (a) Broken; (b) Inoperative; or (c) Missing a part— unless its sliding components have been effectively immobilized." 49:49:4.1.1.1.10.2.8.1,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.101 Scope.,FRA,,,,This subpart contains safety requirements prohibiting a railroad from placing or continuing in service a freight car that has certain defective components. 49:49:4.1.1.1.10.2.8.10,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.119 Defective freight car truck.,FRA,,,,"A railroad may not place or continue in service a car, if the car has— (a) A side frame or bolster that— (1) Is broken; or (2) Has a crack of 1/4 of an inch or more in the transverse direction on a tension member; (b) A truck equipped with a snubbing device that is ineffective, as evidenced by— (1) A snubbing friction element that is worn beyond a wear indicator; (2) A snubber wear plate that is loose, missing (except by design), or worn through; (3) A broken or missing snubber activating spring; or (4) Snubber unit that is broken, or in the case of hydraulic units, is broken or leaking clearly formed droplets of oil or other fluid. (c) A side bearing in any of the following conditions: (1) Part of the side bearing assembly is missing or broken; (2) The bearings at one end of the car, on both sides, are in contact with the body bolster (except by design); (3) The bearings at one end of the car have a total clearance from the body bolster of more than 3/4 of an inch; or (4) At diagonally opposite sides of the car, the bearings have a total clearance from the body bolsters of more than 3/4 of an inch; (d) Truck springs— (1) That do not maintain travel or load; (2) That are compressed solid; or (3) More than one outer spring of which is broken, or missing, in any spring cluster; (e) Interference between the truck bolster and the center plate that prevents proper truck rotations; or (f) Brake beam shelf support worn so excessively that it does not support the brake beam." 49:49:4.1.1.1.10.2.8.2,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.103 Defective wheel.,FRA,,,"[44 FR 77340, Dec. 31, 1979, as amended at 50 FR 13382, Apr. 4, 1985]","A railroad may not place or continue in service a car, if— (a) A wheel flange on the car is worn to a thickness of 7/8 of an inch, or less, at a point 3/8 of an inch above the tread of the wheel; (b) The height of a wheel flange on the car, from the tread to the top of the flange, is 1 1/2 inches, or more; (c) The thickness of a rim of a wheel on the car is 11/16 of an inch, or less; (d) A wheel rim, flange, plate, or hub area on the car has a crack or break; (e) A wheel on the car has a chip or gouge in the flange that is 1 1/2 inches in length and 1/2 inch in width, or more; (f) A wheel on the car has— (1) A slid flat or shelled spot that is more than 2 1/2 inches in length; or (2) Two adjoining flat or shelled spots each of which is more than two inches in length; (g) A wheel on the car shows evidence of being loose such as oil seepage on the back hub or back plate; (h) A wheel on the car shows signs of having been overheated as evidenced by a reddish brown discoloration, to a substantially equal extent on both the front and the back face of the rim, that extends on either face more than four inches into the plate area measured from the inner edge of the front or back face of the rim; or, (i) A wheel on the car has been welded unless the car is being moved for repair in accordance with § 215.9 of this part." 49:49:4.1.1.1.10.2.8.3,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.105 Defective axle.,FRA,,,,"A railroad may not place or continue in service a car, if— (a) An axle on the car has a crack or is broken; (b) An axle on the car has a gouge in the surface that is— (1) Between the wheel seats; and (2) More than one-eighth inch in depth; (c) An axle on the car, used in conjunction with a plain bearing, has an end collar that is broken or cracked; (d) A journal on the car shows evidence of overheating, as evidenced by a pronounced blue black discoloration; or (e) The surface of the plain bearing journal on the axle, or the fillet on the axle, has— (1) A ridge; (2) A depression; (3) A circumferential score; (4) Corrugation; (5) A scratch; (6) A continuous streak; (7) Pitting; (8) Rust; or (9) Etching." 49:49:4.1.1.1.10.2.8.4,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.107 Defective plain bearing box: General.,FRA,,,,"A railroad may not place or continue in service a car, if the car has— (a) A plain bearing box that does not contain visible free oil; (b) A plain bearing box lid that is missing, broken, or open except to receive servicing; or (c) A plain bearing box containing foreign matter, such as dirt, sand, or coal dust, that can reasonably be expected to— (1) Damage the bearing; or (2) Have a detrimental effect on the lubrication of the journal and the bearings." 49:49:4.1.1.1.10.2.8.5,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.109 Defective plain bearing box: Journal lubrication system.,FRA,,,,"A railroad may not place or continue in service a car, if the car has a plain bearing box with a lubricating pad that— (a) Has a tear extending half the length or width of the pad, or more; (b) Shows evidence of having been scorched, burned, or glazed; (c) Contains decaying or deteriorated fabric that impairs proper lubrication of the pad; (d) Has— (1) An exposed center core (except by design); or (2) Metal parts contacting the journal; or (e) Is— (1) Missing; or (2) Not in contact with the journal." 49:49:4.1.1.1.10.2.8.6,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.111 Defective plain bearing.,FRA,,,,"A railroad may not place or continue in service a car, if the car has a plain bearing— (a) That is missing, cracked, or broken; (b) On which the bearing liner— (1) Is loose; or (2) Has a broken out piece; or (c) That shows signs of having been overheated, as evidenced by— (1) Melted babbitt; (2) Smoke from hot oil; or (3) Journal surface damage." 49:49:4.1.1.1.10.2.8.7,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.113 Defective plain bearing wedge.,FRA,,,,"A railroad may not place or continue in service a car, if a plain bearing wedge on that car is— (a) Missing; (b) Cracked; (c) Broken; or (d) Not located in its design position." 49:49:4.1.1.1.10.2.8.8,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.115 Defective roller bearing.,FRA,,,"[44 FR 77340, Dec. 31, 1979, as amended at 45 FR 26711, Apr. 21, 1980]","(a) A railroad may not place or continue in service a car, if the car has— (1) A roller bearing that shows signs of having been overheated as evidenced by— (i) Discoloration; or (ii) Other telltale signs of overheating such as damage to the seal or distortion of any bearing component; (2) A roller bearing with a— (i) Loose or missing cap screw; or (ii) Broken, missing, or improperly applied cap screw lock; or (3) A roller bearing with a seal that is loose or damaged, or permits leakage of lubricant in clearly formed droplets. (b)(1) A railroad may not continue in service a car that has a roller bearing whose truck was involved in a derailment unless the bearing has been inspected and tested by: (i) Visual examination to determine whether it shows any sign of damage; and (ii) Spinning freely its wheel set or manually rotating the bearing to determine whether the bearing makes any unusual noise. (2) The roller bearing shall be disassembled from the axle and inspected internally if— (i) It shows any external sign of damage; (ii) It makes any unusual noise when its wheel set is spun freely or the bearing is manually rotated; (iii) Its truck was involved in a derailment at a speed of more than 10 miles per hour; or (iv) Its truck was dragged on the ground for more than 200 feet. (3) Each defective roller bearing shall be repaired or replaced before the car is placed back in service." 49:49:4.1.1.1.10.2.8.9,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.117 Defective roller bearing adapter.,FRA,,,,"A railroad may not place or continue in service a car, if the car has a roller bearing adapter that is— (a) Cracked or broken; (b) Not in its design position; or (c) Worn on the crown of the adapter to the extent that the frame bears on the relief portion of the adapter, as shown in the figure below (see figure 1)." 49:49:4.1.1.1.10.2.9.11,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,B,Subpart B—Freight Car Components,,§ 215.121 Defective car body.,FRA,,,"[44 FR 77340, Dec. 31, 1979, as amended at 47 FR 53737, Dec. 29, 1982]","A railroad may not place or continue in service a car, if: (a) Any portion of the car body, truck, or their appurtenances (except wheels) has less than a 2 1/2 inch clearance from the top of rail; (b) The car center sill is: (1) Broken; (2) Cracked more than 6 inches; or (3) Permanently bent or buckled more than 2 1/2 inches in any six foot length; (c) The car has a coupler carrier that is: (1) Broken; (2) Missing; (3) Non-resilient and the coupler has a type F head. (d) After December 1, 1983, the car is a box car and its side doors are not equipped with operative hangers, or the equivalent, to prevent the doors from becoming disengaged. (e) The car has a center plate: (1) That is not properly secured; (2) Any portion of which is missing; or (3) That is broken; or (4) That has two or more cracks through its cross section (thickness) at the edge of the plate that extend to the portion of the plate that is obstructed from view while the truck is in place; or (f) The car has a broken sidesill, crossbearer, or body bolster." 49:49:4.1.1.1.10.3.11.1,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,C,Subpart C—Restricted Equipment,,§ 215.201 Scope.,FRA,,,,This subpart contains requirements restricting the use of certain railroad freight cars. 49:49:4.1.1.1.10.3.11.2,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,C,Subpart C—Restricted Equipment,,§ 215.203 Restricted cars.,FRA,,,"[44 FR 77340, Dec. 31, 1979, as amended at 74 FR 25172, May 27, 2009]","(a) This section restricts the operation of any railroad freight car that is— (1) More than 50 years old, measured from the date of original construction; (2) Equipped with any design or type component listed in appendix A to this part; or (3) Equipped with a Duryea underframe constructed before April 1, 1950, except for a caboose which is operated as the last car in a train. (b) A railroad may not place or continue in service a railroad freight car described in paragraph (a) of this section, except under conditions approved by the Federal Railroad Administrator. (c) A railroad may petition the Administrator to continue in service a car described in paragraph (a) of this section. Each petition shall be (1) Be submitted not less than 90 days before the car is to be operated; (2) Be submitted; and (3) State or describe the following: (i) The name and principal business address of the petitioning railroad. (ii) The name and address of the entity that controls the operation and maintenance of the car involved. (iii) The number, type, capacity, reporting marks, and car numbers of the cars, their condition, status, and age measured from the date of original construction. (iv) The design, type component, or other item that causes the car to be restricted. (v) The maximum load the cars would carry. (vi) The maximum speed at which the cars would be operated. (vii) That each car has been examined and found to be safe to operate under the conditions set forth in the petition. (viii) The territorial limits within which the cars are to be operated and the name of each railroad that will receive the cars in interchange." 49:49:4.1.1.1.10.4.11.1,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,D,Subpart D—Stenciling,,§ 215.301 General.,FRA,,,,"The railroad or private car owner reporting mark, the car number, and built date shall be stenciled, or otherwise displayed, in clearly legible letters and numbers not less than seven inches high, except those of the built date which shall not be less than one inch high: (a) On each side of each railroad freight car body; and (b) In the case of a tank car, in any location that is visible to a person walking at track level beside the car." 49:49:4.1.1.1.10.4.11.2,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,D,Subpart D—Stenciling,,§ 215.303 Stenciling of restricted cars.,FRA,,,,"(a) Each restricted railroad freight car that is described in § 215.205(a) of this part shall be stenciled, or marked— (1) In clearly legible letters; and (2) In accordance with paragraphs (b) and (c) of this section. (b) The letter “R” shall be— (1) Placed immediately below or to the right of the car number; (2) The same color as the reporting mark; and (3) The same size as the reporting mark. (c) The following terms, to the extent needed to completely indicate the basis for the restricted operation of the car, shall be placed on the car following the symbol “R” in letters not less than one inch high: (1) Age. (2) Coupler. (3) Draft. (4) Bearings. (5) Truck. (6) Underframe. (7) Wheels. (8) Yoke." 49:49:4.1.1.1.10.4.11.3,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,D,Subpart D—Stenciling,,§ 215.305 Stenciling of maintenance-of-way equipment.,FRA,,,"[44 FR 77340, Dec. 31, 1979, as amended at 45 FR 26711, Apr. 21, 1980]","(a) Maintenance-of-way equipment (including self-propelled maintenance-of-way equipment) described in § 215.3(c)(3) shall be stenciled, or marked— (1) In clearly legible letters; and (2) In accordance with paragraph (b) of this section. (b) The letters “MW” must be— (1) At least 2 inches high; and (2) Placed on each side of the car." 49:49:4.1.1.1.10.5.11.1,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.401 Requirements for railroad freight cars placed into service in the United States.,FRA,,,,"(a) Limitation on railroad freight cars. A railroad freight car wholly manufactured on or after December 19, 2025 may only operate on the United States general railroad system of transportation if: (1) The railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility; (2) None of the sensitive technology located on the railroad freight car, including components necessary to the functionality of the sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; and (3) None of the content of the railroad freight car, excluding sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority to have violated or infringed valid United States intellectual property rights of another including such a finding by a Federal district court under title 35 or the U.S. International Trade Commission under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). (b) Limitation on railroad freight car content —(1) Percentage limitation —(i) Initial limitation. Not later than December 19, 2025, a railroad freight car described in paragraph (a) of this section may operate on the United States general railroad system of transportation only if not more than 20 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise. (ii) Subsequent limitation. Effective beginning on December 19, 2028, a railroad freight car described in paragraph (a) of this section may operate on the United States general railroad system of transportation only if not more than 15 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise. (2) Conflict. The percentages specified in the clauses in paragraphs (b)(1)(i) and (ii) of this section, as applicable, shall apply notwithstanding any apparent conflict with provisions of chapter 4 of the USMCA." 49:49:4.1.1.1.10.5.11.10,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.419 Hearing.,FRA,,,,"(a) When a hearing is requested and scheduled under § 215.417, a presiding officer designated by the Office of the Chief Counsel convenes and presides over the hearing. If requested by the respondent, and if practicable, the hearing is held in the general vicinity of the place where the alleged violation occurred, at a place convenient to the respondent, or virtually. Testimony by witnesses shall be given under oath and the hearing shall be recorded verbatim. (b) The presiding official may: (1) Administer oaths and affirmations; (2) Issue subpoenas as provided by § 209.7; (3) Adopt procedures for the submission of evidence in written form; (4) Take or cause depositions to be taken; (5) Rule on offers of proof and receive relevant evidence; (6) Examine witnesses at the hearing; (7) Convene, recess, reconvene, and adjourn and otherwise regulate the course of the hearing; (8) Hold conferences for settlement, simplification of the issues or any other proper purpose; and (9) Take any other action authorized by, or consistent with, the provisions of this subpart pertaining to civil monetary penalties and permitted by law that may expedite the hearing or aid in the disposition of an issue raised, therein. (c) The Office of the Chief Counsel has the burden of providing the facts alleged in the demand letter and may offer such relevant information as may be necessary fully to inform the presiding officer as to the matter concerned. (d) The respondent may appear and be heard on the respondent's own behalf or through counsel of the respondent's choice. The respondent or respondent's counsel may offer relevant information, including testimony, which they believe should be considered in defense of the allegations, or that may bear on the proposed civil monetary penalty, and conduct such cross-examination as may be required for a full disclosure of the material facts. (e) At the conclusion of the hearing, or as soon thereafter as the hearing officer shall provide, the parties may file proposed findings and conclusions, together with supporting reasons." 49:49:4.1.1.1.10.5.11.11,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.421 Presiding officer's decision.,FRA,,,,"(a) After consideration of the evidence of record, the presiding officer may dismiss the demand letter in whole or in part. If the presiding officer does not dismiss the civil penalty enforcement action in whole, the presiding officer will issue and serve on the respondent an order assessing a civil penalty. The presiding officer's decision will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law, and discretion. (b) If, within twenty (20) days after service of an order assessing a civil penalty fine issued by the presiding officer under paragraph (a) of this section, the respondent does not pay the civil penalty fine, the case may be referred to the Attorney General with a request that an action to collect the penalty be brought in the appropriate United States District Court. In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review." 49:49:4.1.1.1.10.5.11.2,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.403 Certification of compliance.,FRA,,,,"(a) Certification required. To be eligible to provide a railroad freight car for operation on the United States general railroad system of transportation, the manufacturer of such car shall certify, at least annually, to the Federal Railroad Administrator that any railroad freight cars to be so provided comply with 49 U.S.C. 20171. (1) Certification procedure. Prior to providing any cars for operation on the United States general railroad system of transportation, each freight car manufacturer shall certify to FRA that the cars comply with 49 U.S.C. 20171. Such certification shall be submitted via electronic mail by an authorized representative of the manufacturer to FRARRSMPE@dot.gov. A manufacturer may submit this certification to FRA annually provided it covers all cars to be provided in the relevant year, or a manufacturer may submit separate certifications throughout the year. (i) The certification shall include the statement “I certify that all freight cars that will be provided for operation on the United States general railroad system of transportation will comply with 49 U.S.C. 20171, and the implementing regulations at 49 CFR part 215” and contain: (A) The manufacturer's name and address; (B) The name, signature, and contact information for the person designated to certify compliance with this subpart; and (C) A car identification number for each car being certified. (ii) Manufacturers shall maintain records showing the information, including the calculations, made to support certification under this section and such records shall be made available to FRA upon request. (2) Valid certification required. At the time a railroad freight car begins operation on the United States general railroad system of transportation, the manufacturer of such railroad freight car shall have valid certification described in paragraph (a) of this section for the year in which such car begins operation. (b) [Reserved]" 49:49:4.1.1.1.10.5.11.3,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.405 Prohibition on registering noncompliant railroad freight cars.,FRA,,,,"(a) Cars prohibited. A railroad freight car manufacturer may not register, or cause to be registered, a railroad freight car that does not comply with the requirements under this subpart in the Umler system. (b) [Reserved]" 49:49:4.1.1.1.10.5.11.4,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.407 Civil penalties.,FRA,,,,"(a) In general. A railroad freight car manufacturer that has manufactured a railroad freight car for operation on the United States freight railroad interchange system that the Secretary of Transportation determines, after written notice and an opportunity for a hearing, has violated this subpart is liable to the United States Government for a civil penalty of at least $100,000, but not more than $250,000, for each such violation for each railroad freight car. (b) Prohibition for violations. The Secretary of Transportation may prohibit a railroad freight car manufacturer with respect to which the Secretary has assessed more than three violations under this section from providing additional railroad freight cars for operation on the United States freight railroad interchange system until the Secretary determines: (1) Such manufacturer is in compliance with this subpart; and (2) All civil penalties assessed to such manufacturer pursuant to this section have been paid in full." 49:49:4.1.1.1.10.5.11.5,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.409 Demand letter.,FRA,,,,"(a) FRA, through the Office of the Chief Counsel, begins a civil penalty proceeding under § 215.407(a) by serving a demand letter on a railroad freight car manufacturer, charging the railroad freight car manufacturer with having violated one or more provisions of this subpart. (b) A demand letter issued under this section includes: (1) A statement of the provision(s) which the respondent is believed to have violated; (2) A statement of the factual allegations upon which the proposed civil monetary penalty is being sought; (3) Notice of the maximum amount of civil monetary penalty for which the respondent may be liable; (4) Notice of the amount of the civil monetary penalty proposed; (5) A description of the manner in which the respondent should make payment of any money to the United States; (6) A statement of the respondent's right to present written explanations, information, or any materials in answer to the charges or in mitigation of the penalty; and (7) A statement of the respondent's right to request a hearing and the procedures for requesting a hearing. (c) FRA may amend the demand letter at any time prior to completion of a fully executed settlement agreement or the entry of an order to pay a civil monetary penalty. If the amendment contains any new material allegation of fact, the respondent is given an opportunity to respond. In an amended demand letter, FRA may change the civil monetary penalty amount initially proposed, up to the maximum penalty amount for each violation." 49:49:4.1.1.1.10.5.11.6,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.411 Reply.,FRA,,,,"(a) Within sixty (60) days of the service of a demand letter issued under § 215.409, the respondent may— (1) Pay as provided in § 209.413(a) and thereby close the case; (2) Make an informal response as provided in § 215.415; or (3) Request a hearing as provided in § 215.417. (b) The Office of the Chief Counsel may extend the sixty (60) day period for good cause shown. (c) Failure of the respondent to reply by taking one of the three actions described in paragraph (a) of this section, within the period provided, constitutes a waiver of the right to appear and contest the allegations, and authorizes the Office of the Chief Counsel, without further notice to the respondent, to find the facts to be as alleged in the demand letter and to assess an appropriate civil penalty." 49:49:4.1.1.1.10.5.11.7,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.413 Payment of penalty; compromise.,FRA,,,,"(a) Payment of a civil monetary penalty may be made by credit card, certified check, money order, or wire transfer. Payment by credit card must be made via the internet at https://www.pay.gov/paygov/. Instructions for online payment are found on the website. Payments made by certified check or money order should be made payable to the Federal Railroad Administration and sent to DOT/FRA, M.M.A.C., AMK-324, HQ-RM 181, P.O. Box 25082, Oklahoma City, OK 73125. Overnight express payments may be sent to DOT/FRA, M.M.A.C., AMK-324, HQ-RM 181, 6500 South MacArthur Blvd., Oklahoma City, OK 73169. (b) At any time before an order requiring payment of a civil monetary penalty is referred to the Attorney General for collection, the respondent may offer to compromise for a specific amount by contacting the Office of the Chief Counsel." 49:49:4.1.1.1.10.5.11.8,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.415 Informal response and assessment.,FRA,,,,"(a) If a respondent elects to make an informal response to a demand letter, respondent must submit to the Office of the Chief Counsel such written explanations, information, or other materials as respondent may desire in answer to the charges or in mitigation of the proposed penalty. (b) The respondent may include in the informal written response a request for a conference. Upon receipt of such a request, the Office of the Chief Counsel arranges for a conference as soon as practicable. (c) Written explanations, information, or materials submitted by the respondent, and relevant information presented during any conference held under this section, are considered by the Office of the Chief Counsel in reviewing the demand letter and determining the fact(s) of the violation and the amount of any civil penalty to be paid. (d) After consideration of an informal response, including any relevant information presented at a conference, the Office of the Chief Counsel may dismiss the demand letter in whole or in part. If the Office of the Chief Counsel does not dismiss the action in whole, the Office of the Chief Counsel may enter into a settlement agreement or enter an order assessing a civil monetary penalty." 49:49:4.1.1.1.10.5.11.9,49,Transportation,II,,215,PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS,E,Subpart E—Manufacturing,,§ 215.417 Request for hearing.,FRA,,,,"(a) If a respondent elects to request a hearing, the respondent must submit a written request to the Office of the Chief Counsel referring to the case number which appeared on the demand letter. The request must— (1) State the name and email address of the respondent and of the person signing the request, if different from the respondent; (2) State with respect to each allegation whether it is admitted or denied; and (3) State with particularity the issues to be raised by the respondent at the hearing. (b) After a request for hearing that complies with the requirements of paragraph (a) of this section, the Office of the Chief Counsel schedules a hearing for the earliest practicable date. (c) The Office of the Chief Counsel, or the hearing officer designated under § 215.419, may grant extensions of the time of the commencement of the hearing for good cause shown." 49:49:4.1.1.1.11.1.11.1,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",A,Subpart A—General,,§ 216.1 Application.,FRA,,,"[41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999]","(a) This part applies, according to its terms, to each railroad that uses or operates— (1) A railroad freight car subject to part 215 of this chapter; (2) A locomotive subject to 49 U.S.C. chapter 207 (49 U.S.C. 20701-03); or (3) Railroad passenger equipment subject to part 238 of this chapter. (b) This part applies, according to its terms, to each railroad owning track subject to part 213 of this chapter." 49:49:4.1.1.1.11.1.11.2,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",A,Subpart A—General,,§ 216.3 Definitions.,FRA,,,"[41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999]","As used in this part— (a) FRA means the Federal Railroad Administration. (b) State means a State participating in investigative and surveillance activities under 49 U.S.C. 20105. (c) Inspector includes FRA Regional Supervisors of Inspectors." 49:49:4.1.1.1.11.1.11.3,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",A,Subpart A—General,,§ 216.5 Delegation and general provisions.,FRA,,,"[41 FR 18657, May 6, 1976, as amended at 41 FR 43153, Sept. 30, 1976; 64 FR 25659, May 12, 1999; 74 FR 25172, May 27, 2009]","(a) The Administrator has delegated to the appropriate FRA and State personnel the authority to implement this part. (b) Communications to the Administrator relating to the operation of this part should be submitted to the Docket Clerk, Office of Chief Counsel, Federal Railroad Administration, Washington, DC 20590. (c) The notices prescribed in §§ 216.11, 216.13, 216.14, 216.15, and 216.21 of this part are issued on standard FRA forms indicating the particular subject matter. An inspector issues a notice by delivering it to an appropriate officer or agent immediately responsible for the affected locomotive, car, or track." 49:49:4.1.1.1.11.1.11.4,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",A,Subpart A—General,,§ 216.7 Penalties.,FRA,,,"[90 FR 28141, July 1, 2025]","(a) Any person that violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) “Person” means an entity of any type, covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; any employee of such owner, manufacturer, lessor, lessee, or independent contractor. (c) Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy." 49:49:4.1.1.1.11.2.11.1,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",B,Subpart B—Special Notice for Repairs,,§ 216.11 Special notice for repairs—railroad freight car.,FRA,,,"[41 FR 18657, May 6, 1976, as amended at 41 FR 43153, Sept. 30, 1976; 90 FR 28141, July 1, 2025]","(a) When an FRA Motive Power and Equipment Inspector or a State Equipment Inspector determines that a railroad freight car is not in conformity with the requirements of the FRA Freight Car Safety Standards set forth in part 215 of this chapter and that it is unsafe for further service, he notifies the railroad in writing that the car is not in serviceable condition. The Special Notice sets out and describes the defects that cause the car to be in unserviceable condition. After receipt of the Special Notice, the railroad shall remove the car from service until it is restored to serviceable condition. The car may not be deemed to be in serviceable condition until it complies with all applicable requirements of part 215 of this chapter. (b) The railroad shall notify the Motive Power and Equipment (MP&E) Division of FRA's Office of Railroad Safety in writing when the equipment is returned to service, specifying the repairs completed. (c) A railroad freight car subject to the notice prescribed in paragraph (a) of this section may be moved from the place where it was found to be unsafe for further service to the nearest available point where the car can be repaired, if such movement is necessary to make such repairs. However, the movement is subject to the further restrictions of § 215.9 of this chapter." 49:49:4.1.1.1.11.2.11.2,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",B,Subpart B—Special Notice for Repairs,,§ 216.13 Special notice for repairs—locomotive.,FRA,,,"[41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999; 90 FR 28142, July 1, 2025]","(a) When an FRA Motive Power and Equipment Inspector or State Equipment Inspector determines a locomotive is not safe to operate in the service to which it is put, whether by reason of nonconformity with the FRA Railroad Locomotive Safety Standards set forth in part 229 of this chapter or the FRA Railroad Locomotive Inspection Regulations set forth in part 230 of this chapter or by reason of any other condition rendering the locomotive unsafe, he or she will notify the railroad in writing that the locomotive is not in serviceable condition. After receipt of the Special Notice, the railroad shall remove the locomotive from service until it is restored to serviceable condition. The locomotive may not be deemed to be in serviceable condition until it complies with all applicable requirements of parts 229 and 230 of this chapter and until all additional deficiencies identified in the Special Notice have been corrected. (b) The carrier shall notify the FRA MP&E Division in writing when the locomotive is returned to service, specifying the repairs completed. The carrier officer or employee directly responsible for the repairs shall subscribe this writing under oath." 49:49:4.1.1.1.11.2.11.3,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",B,Subpart B—Special Notice for Repairs,,§ 216.14 Special notice for repairs—passenger equipment.,FRA,,,"[64 FR 25659, May 12, 1999, as amended at 90 FR 28142, July 1, 2025]","(a) When an FRA Motive Power and Equipment Inspector or a State Equipment Inspector determines that railroad passenger equipment is not in conformity with one or more of the requirements of the FRA Passenger Equipment Safety Standards set forth in part 238 of this chapter and that it is unsafe for further service, he or she will issue a written Special Notice to the railroad that the equipment is not in serviceable condition. The Special Notice describes the defect or defects that cause the equipment to be in unserviceable condition. After receipt of the Special Notice, the railroad shall remove the equipment from service until it is restored to serviceable condition. The equipment may not be deemed in serviceable condition until it complies with all applicable requirements of part 238 of this chapter. (b) The railroad shall notify in writing the FRA MP&E Division when the equipment is returned to service, specifying the repairs completed. (c) Railroad passenger equipment subject to a Special Notice may be moved from the place where it was found to be unsafe for further service to the nearest available point where the equipment can be repaired, if such movement is necessary to make the repairs. However, the movement is subject to the further restrictions of §§ 238.15 and 238.17 of this chapter." 49:49:4.1.1.1.11.2.11.4,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",B,Subpart B—Special Notice for Repairs,,§ 216.15 Special notice for repairs—track class.,FRA,,,"[41 FR 43153, Sept. 30, 1976, as amended at 90 FR 28142, July 1, 2025]","(a) When an FRA Track Inspector or State Track Inspector determines that track does not comply with the requirements for the class at which the track is being operated, as defined in the Track Safety Standards (49 CFR part 213), he notifies the railroad in writing that the track is being lowered in class and that operations over that track must comply with the speed limitations prescribed in part 213 of this chapter. The notice describes the conditions requiring the track to be lowered in class, specifies the exact location of the affected track segment, and states the highest class and corresponding maximum speeds at which trains may be operated over that track. After receipt of such notice, the speeds at which trains operate over that track shall not exceed the stated maximum permissible speeds, until such time as the track conforms to applicable standards for a higher class. (b) The railroad shall notify the FRA Track and Structures Division in writing when the track is restored to a condition permitting operations at speeds authorized for a higher class, specifying the repairs completed." 49:49:4.1.1.1.11.2.11.5,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",B,Subpart B—Special Notice for Repairs,,§ 216.17 Appeals.,FRA,,,"[90 FR 28142, July 1, 2025]","(a) Upon receipt of a Special Notice prescribed in §§ 216.11, 216.13, 216.14, or 216.15, a railroad may appeal the decision of the Inspector to the relevant FRA Staff Director ( i.e., MP&E or Track and Structures Division Staff Director). The appeal must be made by email to the relevant FRA Staff Director. The FRA Staff Director assigns an inspector, other than the inspector from whose decision the appeal is being taken, to reinspect the railroad freight car, locomotive, railroad passenger equipment, or track. The reinspection will be made immediately. If upon reinspection, the railroad freight car, locomotive, or passenger equipment is found to be in serviceable condition, or the track is found to comply with the requirements for the class at which it was previously operated by the railroad, the FRA Staff Director or the Director's delegate will immediately notify the railroad, whereupon the restrictions of the Special Notice cease to be effective. If on reinspection the decision of the original inspector is sustained, the FRA Staff Director notifies the railroad that the appeal has been denied. (b) A railroad whose appeal to the FRA Staff Director has been denied may, within thirty (30) days from the denial, appeal to the Administrator. After affording an opportunity for informal oral hearing, the Administrator may affirm, set aside, or modify, in whole or in part, the action of the FRA Staff Director. (c) The requirements of a Special Notice issued under this subpart shall remain in effect and be observed by a railroad pending appeal to the FRA Staff Director or to the Administrator." 49:49:4.1.1.1.11.3.11.1,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",C,Subpart C—Emergency Order—Track,,§ 216.21 Notice of track conditions.,FRA,,,"[90 FR 28142, July 1, 2025]","(a) When an FRA Track Inspector or State Track Inspector finds track conditions which may require the issuance of an Emergency order removing the track from service under section 203, Public Law 91-458, 84 Stat. 972, the Inspector may issue a notice to the railroad owning the track. The notice sets out and describes the conditions found by the Inspector and specifies the location of defects on the affected track segment. The Inspector provides a copy to the FRA Track and Structures Division Staff Director. (b) In the event the railroad immediately commences repairs on the affected track and so advises the FRA Track and Structures Division Staff Director, the Staff Director assigns an Inspector to reinspect the track immediately on the completion of repairs. If upon reinspection the Inspector determines that necessary repairs have been completed, the Inspector withdraws the Notice of Track Conditions." 49:49:4.1.1.1.11.3.11.2,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",C,Subpart C—Emergency Order—Track,,§ 216.23 Consideration of recommendation.,FRA,,,"[90 FR 28142, July 1, 2025]","Upon receipt of a Notice of Track Conditions issued under § 216.21, the FRA Track and Structures Division Staff Director prepares a recommendation to the Administrator concerning the issuance of an Emergency order removing the affected track from service. In preparing this recommendation, the FRA Track and Structures Division Staff Director considers all written or other material bearing on the condition of the track received from the railroad within three (3) calendar days of the issuance of the Notice of Track Conditions and also considers the report of the FRA District Track Specialist." 49:49:4.1.1.1.11.3.11.3,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",C,Subpart C—Emergency Order—Track,,§ 216.25 Issuance and review of emergency order.,FRA,,,"[41 FR 18657, May 6, 1976, as amended at 90 FR 28142, July 1, 2025]","(a) Upon recommendation of the FRA Track and Structures Division Staff Director, the Administrator may issue an Emergency order removing from service track identified in the notice issued under § 216.21. (b) As specified in section 203, Public Law 91-458, 84 Stat. 972, opportunity for review of the Emergency order is provided in accordance with section 554 of title 5 of the U.S.C. Petitions for such review must be submitted in writing to the Office of the Chief Counsel, Federal Railroad Administration, via email to FRALegal@dot.gov. Upon receipt of a petition, FRA will immediately contact the petitioner and make the necessary arrangements for a conference to be held at the earliest date acceptable to the petitioner. At this conference, the petitioner will be afforded an opportunity to submit facts, arguments and proposals for modification or withdrawal of the Emergency order. If the controversy is not resolved at this conference and a hearing is desired, the petitioner must submit a written request for a hearing within fifteen (15) days after the conference. The hearing will commence within fourteen (14) calendar days of receipt of the request and will be conducted in accordance with sections 556 and 575, title 5, U.S.C. (c) Unless stayed or modified by the Administrator, the requirements of each Emergency order issued under this subpart shall remain in effect and be observed pending decision on a petition for review." 49:49:4.1.1.1.11.3.11.4,49,Transportation,II,,216,"PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT",C,Subpart C—Emergency Order—Track,,§ 216.27 Reservation of authority and discretion.,FRA,,,,The FRA may issue Emergency orders concerning track without regard to the procedures prescribed in this subpart whenever the Administrator determines that immediate action is required to assure the public safety. 49:49:4.1.1.1.12.1.11.1,49,Transportation,II,,217,PART 217—RAILROAD OPERATING RULES,A,Subpart A—General,,§ 217.1 Purpose.,FRA,,,,"Through the requirements of this part, the Federal Railroad Administration learns the condition of operating rules and practices with respect to trains and other rolling equipment in the railroad industry, and each railroad is required to instruct its employees in operating practices." 49:49:4.1.1.1.12.1.11.2,49,Transportation,II,,217,PART 217—RAILROAD OPERATING RULES,A,Subpart A—General,,§ 217.2 Preemptive effect.,FRA,,,"[73 FR 8495, Feb. 13, 2008]","Normal State negligence standards apply where there is no Federal action covering the subject matter. Under 49 U.S.C. 20106 (section 20106), issuance of the regulations in this part preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local railroad safety or railroad security hazard; that is not incompatible with a law, regulation, or order of the United States Government; and that does not unreasonably burden interstate commerce. Section 20106 permits State tort actions arising from events or activities occurring on or after January 18, 2002, for the following: violation of the Federal standard of care established by regulation or order issued by the Secretary of Transportation (with respect to railroad safety, such as these regulations) or the Secretary of Homeland Security (with respect to railroad security); a party's violation of, or failure to comply with, its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the two Secretaries; and a party's violation of a State standard that is necessary to eliminate or reduce an essentially local safety or security hazard, is not incompatible with a law, regulation, or order of the United States Government, and does not unreasonably burden interstate commerce. Nothing in section 20106 creates a Federal cause of action on behalf of an injured party or confers Federal question jurisdiction for such State law causes of action." 49:49:4.1.1.1.12.1.11.3,49,Transportation,II,,217,PART 217—RAILROAD OPERATING RULES,A,Subpart A—General,,§ 217.3 Application.,FRA,,,"[40 FR 2690, Jan. 15, 1975, as amended at 54 FR 33229, Aug. 14, 1989]","(a) Except as provided in paragraph (b) of this section, this part applies to railroads that operate trains or other rolling equipment on standard gage track which is part of the general railroad system of transportation. (b) This part does not apply to— (1) A railroad that operates only on track inside an installation which is not part of the general railroad system of transportation; or (2) Rapid transit operations in an urban area that are not connected with the general railroad system of transportation." 49:49:4.1.1.1.12.1.11.4,49,Transportation,II,,217,PART 217—RAILROAD OPERATING RULES,A,Subpart A—General,,§ 217.4 Definitions.,FRA,,,"[59 FR 43070, Aug. 22, 1994, as amended at 73 FR 8496, Feb. 13, 2008]","As used in this part— Associate Administrator for Safety means the Associate Administrator for Safety of the Federal Railroad Administration or that person's delegate as designated in writing. Class I, Class II, and Class III have the meaning assigned by regulations of the Interstate Commerce Commission (49 CFR part 1201; General Instructions 1-1), as those regulations may be revised and applied by order of the Commission (including modifications in class thresholds based revenue deflator adjustments). Division headquarters means the location designated by the railroad where a high-level operating manager ( e.g., a superintendent, division manager, or equivalent), who has jurisdiction over a portion of the railroad, has an office. FRA means the Federal Railroad Administration. Qualified means that a person has successfully completed all instruction, training, and examination programs required by the railroad and this part and that the person, therefore, has actual knowledge or may reasonably be expected to have knowledge of the subject on which the person is expected to be competent. System headquarters means the location designated by the railroad as the general office for the railroad system." 49:49:4.1.1.1.12.1.11.5,49,Transportation,II,,217,PART 217—RAILROAD OPERATING RULES,A,Subpart A—General,,§ 217.5 Penalty.,FRA,,,"[53 FR 28599, July 28, 1988]","(a) Any person (an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor) who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation, except that: Penalties may be assessed against individuals only for willful violations, and, a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons; or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy." 49:49:4.1.1.1.12.1.11.6,49,Transportation,II,,217,PART 217—RAILROAD OPERATING RULES,A,Subpart A—General,,§ 217.7 Operating rules; filing and recordkeeping.,FRA,,,"[59 FR 43070, Aug. 22, 1994]","(a) On or before December 21, 1994, each Class I railroad, Class II railroad, the National Railroad Passenger Corporation, and each railroad providing commuter service in a metropolitan or suburban area that is in operation on November 21, 1994, shall file with the Federal Railroad Administrator, Washington, DC 20590, one copy of its code of operating rules, timetables, and timetable special instructions which were in effect on November 21, 1994. Each Class I railroad, each Class II railroad, and each railroad providing commuter service in a metropolitan or suburban area that commences operations after November 21, 1994, shall file with the Administrator one copy of its code of operating rules, timetables, and timetable special instructions before it commences operations. (b) After November 21, 1994, each Class I railroad, each Class II railroad, the National Railroad Passenger Corporation, and each railroad providing commuter service in a metropolitan or suburban area shall file each new amendment to its code of operating rules, each new timetable, and each new timetable special instruction with the Federal Railroad Administrator within 30 days after it is issued. (c) On or after November 21, 1994, each Class III railroad and any other railroad subject to this part but not subject to paragraphs (a) and (b) of this section shall keep one copy of its current code of operating rules, timetables, and timetable special instructions and one copy of each subsequent amendment to its code of operating rules, each new timetable, and each new timetable special instruction, at its system headquarters, and shall make such records available to representatives of the Federal Railroad Administration for inspection and copying during normal business hours." 49:49:4.1.1.1.12.1.11.7,49,Transportation,II,,217,PART 217—RAILROAD OPERATING RULES,A,Subpart A—General,,§ 217.9 Program of operational tests and inspections; recordkeeping.,FRA,,,"[73 FR 8496, Feb. 13, 2008, as amended at 73 FR 33902, June 16, 2008; 88 FR 70760, Oct. 12, 2023]","(a) Requirement to conduct operational tests and inspections. Each railroad to which this part applies shall periodically conduct operational tests and inspections to determine the extent of compliance with its code of operating rules, timetables, and timetable special instructions, specifically including tests and inspections sufficient to verify compliance with the requirements of subpart F of part 218 of this chapter, in accordance with a written program as required by paragraph (c) of this section. (b) Railroad and railroad testing officer responsibilities. The requirements of this paragraph (b) are applicable beginning January 1, 2009. (1) Each railroad officer who conducts operational tests and inspections (railroad testing officer) shall: (i) Be qualified on the railroad's operating rules in accordance with § 217.11 of this part; (ii) Be qualified on the operational testing and inspection program requirements and procedures relevant to the testing and inspections the officer will conduct; (iii) Receive appropriate field training, as necessary to achieve proficiency, on each operational test or inspection that the officer is authorized to conduct; and (iv) Conduct operational tests and inspections in accordance with the railroad's program of operational tests and inspections. (2) Written records documenting qualification of each railroad testing officer shall be retained at the railroad's system headquarters and at the division headquarters for each division where the officer is assigned and shall be made available to representatives of the FRA for inspection and copying during normal business hours. (3) A passenger railroad that utilizes inward-facing locomotive image or in-cab audio recordings to conduct operational tests and inspections shall adopt and comply with a procedure in its operational tests and inspections program that ensures employees are randomly subject to such operational tests and inspections involving image or audio recordings. The procedure adopted by a passenger railroad must: (i) Establish objective, neutral criteria to ensure every employee subject to such operational tests and inspections is selected randomly for such operational tests and inspections within a specified time frame; (ii) Not permit subjective factors to play a role in selection, i.e., no employee may be selected based on the exercise of a railroad's discretion; and (iii) Require that any operational test or inspection using locomotive image or audio recordings be performed within 72 hours of the completion of the employee's tour of duty that is the subject of the operational test. Any operational test performed more than 72 hours after the completion of the tour of duty that is the subject of the test is a violation of this section. The 72-hour limitation does not apply to investigations of railroad accidents/incidents or to violations of Federal railroad safety laws, regulations, or orders, or any criminal laws. (4) FRA may review a passenger railroad's procedure implementing paragraph (b)(3) of this section, and, for cause stated, may disapprove such procedure under paragraph (h) of this section. (c) Written program of operational tests and inspections. Every railroad shall have a written program of operational tests and inspections in effect. New railroads shall have such a program within 30 days of commencing rail operations. The program shall— (1) Provide for operational testing and inspection under the various operating conditions on the railroad. As of January 1, 2009, the program shall address with particular emphasis those operating rules that cause or are likely to cause the most accidents or incidents, such as those accidents or incidents identified in the quarterly reviews, six month reviews, and the annual summaries as required under paragraphs (e) and (f) of this section, as applicable; (2) Require a minimum number of tests and inspections per year covering the requirements of part 218, subpart F of this chapter; (3) Describe each type of operational test and inspection required, including the means and procedures used to carry it out; (4) State the purpose of each type of operational test and inspection; (5) State, according to operating divisions where applicable, the frequency with which each type of operational test and inspection is to be conducted; (6) As of January 1, 2009, identify the officer(s) by name, job title, and, division or system, who shall be responsible for ensuring that the program of operational tests and inspections is properly implemented. The responsibilities of such officer(s) shall include, but not be limited to, ensuring that the railroad's testing officers are directing their efforts in an appropriate manner to reduce accidents/incidents and that all required reviews and summaries are completed. A railroad with divisions shall identify at least one officer at the system headquarters who is responsible for overseeing the entire program and the implementation by each division. (7) Include a schedule for making the program fully operative within 210 days after it begins. (d) Records. (1) Each railroad to which this part applies shall keep a record of the date, time, place, and result of each operational test and inspection that was performed in accordance with its program. Each record shall specify the officer administering the test and inspection and each employee tested. These records shall be retained at the system headquarters and at each division headquarters where the tests and inspections are conducted for one calendar year after the end of the calendar year to which they relate. These records shall be made available to representatives of the FRA for inspection and copying during normal business hours. (2) Each railroad shall retain one copy of its current program for periodic performance of the operational tests and inspections required by paragraph (a) of this section and one copy of each subsequent amendment to such program. These records shall be retained at the system headquarters and at each division headquarters where the tests and inspections are conducted for three calendar years after the end of the calendar year to which they relate. These records shall be made available to representatives of the FRA for inspection and copying during normal business hours. (e) Reviews of tests and inspections and adjustments to the program of operational tests. This paragraph (e) shall apply to each Class I railroad and the National Railroad Passenger Corporation beginning April 1, 2009 and to all other railroads subject to this paragraph beginning July 1, 2009. (1) Reviews by railroads other than passenger railroads. Each railroad to which this part applies shall conduct periodic reviews and analyses as provided in this paragraph and shall retain, at each division headquarters, where applicable, and at its system headquarters, one copy of the following written reviews, provided however that this requirement does not apply to either a railroad with less than 400,000 total employee work hours annually or a passenger railroad subject to paragraph (e)(2) of this section. (i) Quarterly review. The designated officer of each division headquarters, or system headquarters, if no division headquarters exists, shall conduct a written quarterly review of the accident/incident data, the results of prior operational tests and inspections, and other pertinent safety data for that division or system to identify the relevant operating rules related to those accidents/incidents that occurred during the quarter. The review shall also include the name of each railroad testing officer, the number of tests and inspections conducted by each officer, and whether the officer conducted the minimum number of each type of test or inspection required by the railroad's program. Based upon the results of that review, the designated officer shall make any necessary adjustments to the tests and inspections required of railroad officers for the subsequent period(s). Quarterly reviews and adjustments shall be completed no later than 30 days after the quarter has ended. (ii) Six month review. The designated officer of each system headquarters office responsible for development and administration of the program of operational tests and inspections shall conduct a review of the program of operational tests and inspections on a six month basis to ensure that it is being utilized as intended, that the quarterly reviews provided for in this paragraph have been properly completed, that appropriate adjustments have been made to the distribution of tests and inspections required, and that the railroad testing officers are appropriately directing their efforts. Six month reviews shall be completed no later than 60 days after the review period has ended. (2) Reviews by passenger railroads. Not less than once every six months, the designated officer(s) of the National Railroad Passenger Corporation and of each railroad providing commuter service in a metropolitan or suburban area shall conduct periodic reviews and analyses as provided in this paragraph and shall retain, at each division headquarters, where applicable, and at its system headquarters, one copy of the reviews. Each such review shall be completed within 30 days of the close of the period. The designated officer(s) shall conduct a written review of: (i) The operational testing and inspection data for each division, if any, or the system to determine compliance by the railroad testing officers with its program of operational tests and inspections required by paragraph (c) of this section. At a minimum, this review shall include the name of each railroad testing officer, the number of tests and inspections conducted by each officer, and whether the officer conducted the minimum number of each type of test or inspection required by the railroad's program; (ii) Accident/incident data, the results of prior operational tests and inspections, and other pertinent safety data for each division, if any, or the system to identify the relevant operating rules related to those accidents/incidents that occurred during the period. Based upon the results of that review, the designated officer(s) shall make any necessary adjustments to the tests and inspections required of railroad officers for the subsequent period(s); and (iii) Implementation of the program of operational tests and inspections from a system perspective, to ensure that it is being utilized as intended, that the other reviews provided for in this paragraph have been properly completed, that appropriate adjustments have been made to the distribution of tests and inspections required, and that the railroad testing officers are appropriately directing their efforts. (3) Records retention. The records of periodic reviews required in paragraphs (e)(1) and (e)(2) of this section shall be retained for a period of one year after the end of the calendar year to which they relate and shall be made available to representatives of FRA for inspection and copying during normal business hours. (f) Annual summary of operational tests and inspections. Before March 1 of each calendar year, each railroad to which this part applies, except for a railroad with less than 400,000 total employee work hours annually, shall retain, at each of its division headquarters and at the system headquarters of the railroad, one copy of a written summary of the following with respect to its previous calendar year activities: The number, type, and result of each operational test and inspection, stated according to operating divisions where applicable, that was conducted as required by paragraphs (a) and (c) of this section. These records shall be retained for three calendar years after the end of the calendar year to which they relate and shall be made available to representatives of the FRA for inspection and copying during normal business hours. (g) Electronic recordkeeping. Each railroad to which this part applies is authorized to retain by electronic recordkeeping the information prescribed in this section, provided that all of the following conditions are met: (1) The railroad adequately limits and controls accessibility to such information retained in its electronic database system and identifies those individuals who have such access; (2) The railroad has a terminal at the system headquarters and at each division headquarters; (3) Each such terminal has a computer (i.e., monitor, central processing unit, and keyboard) and either a facsimile machine or a printer connected to the computer to retrieve and produce information in a usable format for immediate review by FRA representatives; (4) The railroad has a designated representative who is authorized to authenticate retrieved information from the electronic system as true and accurate copies of the electronically kept records; and (5) The railroad provides representatives of the FRA with immediate access to these records for inspection and copying during normal business hours and provides printouts of such records upon request. (h) Upon review of the program of operational tests and inspections required by this section, the Associate Administrator for Safety may, for cause stated, disapprove the program. Notification of such disapproval shall be made in writing and specify the basis for the disapproval decision. If the Associate Administrator for Safety disapproves the program, (1) The railroad has 35 days from the date of the written notification of such disapproval to: (i) Amend its program and submit it to the Associate Administrator for Safety for approval; or (ii) Provide a written response in support of the program to the Associate Administrator for Safety, who informs the railroad of FRA's final decision in writing; and (2) A failure to submit the program with the necessary revisions to the Associate Administrator for Safety in accordance with this paragraph will be considered a failure to implement a program under this part." 49:49:4.1.1.1.12.1.11.8,49,Transportation,II,,217,PART 217—RAILROAD OPERATING RULES,A,Subpart A—General,,§ 217.11 Program of instruction on operating rules; recordkeeping; electronic recordkeeping.,FRA,,,"[39 FR 41176, Nov. 25, 1974, as amended at 59 FR 43071, Aug. 22, 1994; 73 FR 8497, Feb. 13, 2008]","(a) To ensure that each railroad employee whose activities are governed by the railroad's operating rules understands those rules, each railroad to which this part applies shall periodically instruct each such employee on the meaning and application of the railroad's operating rules in accordance with a written program retained at its system headquarters and at the division headquarters for each division where the employee is instructed. (b) On or after November 21, 1994, or 30 days before commencing operations, whichever is later, each railroad to which this part applies shall retain one copy of its current program for the periodic instruction of its employees as required by paragraph (a) of this section and one copy of each subsequent amendment to that program. The system headquarters of the railroad shall retain one copy of all these records; the division headquarters for each division where the employees are instructed shall retain one copy of all portions of these records that the division applies and enforces. These records shall be made available to representatives of the Federal Railroad Administration for inspection and copying during normal business hours. This program shall— (1) Describe the means and procedures used for instruction of the various classes of affected employees; (2) State the frequency of instruction and the basis for determining that frequency; (3) Include a schedule for completing the initial instruction of employees who are already employed when the program begins; (4) Begin within 30 days after November 21, 1994, or the date of commencing operations, whichever is later; and (5) Provide for initial instruction of each employee hired after the program begins. (c) Each railroad to which this part applies is authorized to retain by electronic recordkeeping its program for periodic instruction of its employees on operating rules provided that the requirements stated in § 217.9(g)(1) through (5) of this part are satisfied." 49:49:4.1.1.1.12.1.11.9,49,Transportation,II,,217,PART 217—RAILROAD OPERATING RULES,A,Subpart A—General,,§ 217.13 Information collection.,FRA,,,"[50 FR 7919, Feb. 27, 1985. Redesignated and amended at 59 FR 43071, Aug. 22, 1994]","(a) The information collection requirements in this part have been reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980, Public Law 96-511, and have been assigned OMB control number 2130-0035. (b) The information collection requirements are found in the following sections: (1) Section 217.7. (2) Section 217.9. (3) Section 217.11." 49:49:4.1.1.1.13.1.11.1,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,A,Subpart A—General,,§ 218.1 Purpose.,FRA,,,,"This part prescribes minimum requirements for railroad operating rules and practices. Each railroad may prescribe additional or more stringent requirements in its operating rules, timetables, timetable special instructions, and other special instructions." 49:49:4.1.1.1.13.1.11.2,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,A,Subpart A—General,,§ 218.3 Application.,FRA,,,"[44 FR 2175, Jan. 10, 1979, as amended at 53 FR 28599, July 28, 1988]","(a) Except as provided in paragraph (b) of this section, this part applies to railroads that operate rolling equipment on standard gage track which is part of the general railroad system of transportation. (b) This part does not apply to— (1) A railroad that operates only on track inside an installation which is not part of the general railroad system of transportation, or (2) Rapid transit operations in an urban area that are not connected with the general railroad system of transportation." 49:49:4.1.1.1.13.1.11.3,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,A,Subpart A—General,,§ 218.4 Preemptive effect.,FRA,,,"[73 FR 8498, Feb. 13, 2008]","Normal State negligence standards apply where there is no Federal action covering the subject matter. Under 49 U.S.C. 20106 (section 20106), issuance of the regulations in this part preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local railroad safety or railroad security hazard; that is not incompatible with a law, regulation, or order of the United States Government; and that does not unreasonably burden interstate commerce. Section 20106 permits State tort actions arising from events or activities occurring on or after January 18, 2002, for the following: Violation of the Federal standard of care established by regulation or order issued the Secretary of Transportation (with respect to railroad safety, such as these regulations) or the Secretary of Homeland Security (with respect to railroad security); a party's violation of, or failure to comply with, its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the two Secretaries; and a party's violation of a State standard that is necessary to eliminate or reduce an essentially local safety or security hazard, is not incompatible with a law, regulation, or order of the United States Government, and does not unreasonably burden interstate commerce. Nothing in section 20106 creates a Federal cause of action on behalf of an injured party or confers Federal question jurisdiction for such State law causes of action." 49:49:4.1.1.1.13.1.11.4,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,A,Subpart A—General,,§ 218.5 Definitions.,FRA,,,"[58 FR 43292, Aug. 16, 1993, as amended at 60 FR 11049, Mar. 1, 1995; 73 FR 8498, Feb. 13, 2008; 89 FR 25108, Apr. 9, 2024]","Absolute block means a block in which no train is permitted to enter while it is occupied by another train. Associate Administrator for Safety means the Associate Administrator for Railroad Safety and Chief Safety Officer of the Federal Railroad Administration or that person's delegate as designated in writing. Blue signal means a clearly distinguishable blue flag or blue light by day and a blue light at night. When attached to the operating controls of a locomotive, it need not be lighted if the inside of the cab area of the locomotive is sufficiently lighted so as to make the blue signal clearly distinguishable. Camp car means any on-track vehicle, including outfit, camp, or bunk cars or modular homes mounted on flat cars used to house rail employees. It does not include wreck trains. Car shop repair track area means one or more tracks within an area in which the testing, servicing, repair, inspection, or rebuilding of railroad rolling equipment is under the exclusive control of mechanical department personnel. Controlling locomotive means a locomotive arranged as having the only controls over all electrical, mechanical and pneumatic functions for one or more locomotives, including controls transmitted by radio signals if so equipped. It does not include two or more locomotives coupled in multiple which can be moved from more than one set of locomotive controls. Designated crew member means an individual designated under the railroad's operating rules as the point of contact between a train or yard crew and a utility employee working with that crew. Effective locking device when used in relation to a manually operated switch or a derail means one which is: (1) Vandal resistant; (2) Tamper resistant; and (3) Capable of being locked and unlocked only by the class, craft or group of employees for whom the protection is being provided. Flagman's signals means a red flag by day and a white light at night, and fusees as prescribed in the railroad's operating rules. FTA means the Federal Transit Administration. Group of workers means two or more workers of the same or different crafts assigned to work together as a unit under a common authority and who are in communication with each other while the work is being done. Hazard means an existing or potential condition that could lead to an unplanned event or series of events that can result in an accident or incident ( i.e., mishap); injury, illness, or death; damage to or loss of a system, equipment, or property; or damage to the environment. Helper service train operation means the train is a locomotive or group of locomotives being used to assist another train that has incurred mechanical failure or lacks sufficient tractive force necessary to traverse a particular section of track due to train tonnage and the grade of the terrain. Interlocking limits means the tracks between the opposing home signals of an interlocking. Lite locomotive train operation means the train is a locomotive or a consist of locomotives not attached to any piece of equipment or attached only to a caboose. Locomotive means, except for purposes of subpart F of this part, a self-propelled unit of equipment designed for moving other railroad rolling equipment in revenue service including a self-propelled unit designed to carry freight or passenger traffic, or both, and may consist of one or more units operated from a single control. Locomotive, MU means rail rolling equipment self-propelled by any power source and intended to provide transportation for members of the general public. Locomotive servicing track area means one or more tracks, within an area in which the testing, servicing, repair, inspection, or rebuilding of locomotives is under the exclusive control of mechanical department personnel. Main track means a track, other than an auxiliary track, extending through yards or between stations, upon which trains are operated by timetable or train order or both, or the use of which is governed by a signal system. Mishap means an event or condition or series of events or conditions resulting in an accident or incident. One-person train crew means either: (1) One railroad employee is assigned a train as a train crew, and that single assigned person is performing the duties of both the locomotive engineer and the conductor; or (2) More than one railroad employee is assigned a train as a train crew, but only a single assigned person, who is performing the duty of the locomotive engineer, is traveling on the train when the train is moving, and the remainder of the train crew, that would include the conductor if the locomotive engineer is not the assigned conductor, is assigned to intermittently assist the train's movements. One-person train crewmember means, in the context of a one-person train crew operation, the single assigned person who is performing the duty of the locomotive engineer and is traveling in the operating cab of the controlling locomotive when the train is moving. Risk means the combination of the expected probability (or frequency of occurrence) and the consequence (or severity) of a hazard. Risk assessment means the process of determining, either quantitatively or qualitatively, or both, the level of risk associated with train operations with a one-person train crew, compared to operations with a two-person (or larger) crew, under all operating conditions. Rolling equipment includes locomotives, railroad cars, and one or more locomotives coupled to one or more cars. Switch providing access means a switch which if traversed by rolling equipment could permit that rolling equipment to couple to the equipment being protected. Switching service or switching operation means classifying rail cars according to commodity or destination; assembling of cars for train movements; changing the position of cars for purposes of loading, unloading, or weighing; placing locomotives and cars for repair or storage; or moving of rail equipment in connection with work service that does not constitute a train movement. Tourist train operation means a tourist, scenic, historic, or excursion train operation. Tourist train operation that is not part of the general railroad system of transportation means a tourist, scenic, historic, or excursion train operation conducted only on track used exclusively for that purpose ( i.e., there is no freight, intercity passenger, or commuter passenger railroad operation on the track). Trailing tons means the sum of the gross weights—expressed in tons-of the cars and the locomotives in a train that are not providing propelling power to the train. Train means one or more locomotives coupled with or without cars, except during switching service. Train or yard crew means one or more railroad employees assigned a controlling locomotive, under the charge and control of one crew member; called to perform service covered by Section 2 of the Hours of Service Act; involved with the train or yard movement of railroad rolling equipment they are to work with as an operating crew; reporting and working together as a unit that remains in close contact if more than one employee; and subject to the railroad operating rules and program of operational tests and inspections required in §§ 217.9 and 217.11 of this chapter. Unit freight train means a freight train composed of cars carrying a single type of commodity. Utility employee means a railroad employee assigned to and functioning as a temporary member of a train or yard crew whose primary function is to assist the train or yard crew in the assembly, disassembly or classification of rail cars, or operation of trains (subject to the conditions set forth in § 218.22 of this chapter). Worker means any railroad employee assigned to inspect, test, repair, or service railroad rolling equipment, or their components, including brake systems. Members of train and yard crews are excluded except when assigned such work on railroad rolling equipment that is not part of the train or yard movement they have been called to operate (or been assigned to as “utility employees”). Utility employees assigned to and functioning as temporary members of a specific train or yard crew (subject to the conditions set forth in § 218.22 of this chapter), are excluded only when so assigned and functioning. Servicing does not include supplying cabooses, locomotives, or passenger cars with items such as ice, drinking water, tools, sanitary supplies, stationery, or flagging equipment. Testing does not include (i) visual observations made by an employee positioned on or alongside a caboose, locomotive, or passenger car; or (ii) marker inspections made in accordance with the provisions of § 221.16(b) of this chapter." 49:49:4.1.1.1.13.1.11.5,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,A,Subpart A—General,,§ 218.7 Waivers.,FRA,,,,"(a) A railroad may petition the Federal Railroad Administration for a waiver of compliance with any requirement prescribed in this part. (b) Each petition for a waiver under this section must be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that waiver of compliance is in the public interest and is consistent with railroad safety, he may grant the waiver subject to any conditions he deems necessary. Notice of each waiver granted, including a statement of the reasons, therefore, is published in the Federal Register." 49:49:4.1.1.1.13.1.11.6,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,A,Subpart A—General,,§ 218.9 Civil penalty.,FRA,,,"[90 FR 28144, July 1, 2025]","(a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) “Person” means an entity of any type covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor. (c) Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy." 49:49:4.1.1.1.13.1.11.7,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,A,Subpart A—General,,"§ 218.11 Filing, testing, and instruction.",FRA,,,,"The operating rules prescribed in this part, and any additional or more stringent requirements issued by a railroad in relation to the operating rules prescribed in this part, shall be subject to the provisions of part 217 of this chapter, Railroad Operating Rules: Filing, Testing, and Instruction." 49:49:4.1.1.1.13.2.11.1,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,B,Subpart B—Blue Signal Protection of Workers,,§ 218.21 Scope.,FRA,,,,"This subpart prescribes minimum requirements for the protection of railroad employees engaged in the inspection, testing, repair, and servicing of rolling equipment whose activities require them to work on, under, or between such equipment and subjects them to the danger of personal injury posed by any movement of such equipment." 49:49:4.1.1.1.13.2.11.2,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,B,Subpart B—Blue Signal Protection of Workers,,§ 218.22 Utility employee.,FRA,,,"[58 FR 43293, Aug. 16, 1993, as amended at 60 FR 11050, Mar. 1, 1995; 85 FR 80569, Dec. 11, 2020]","(a) A utility employee shall be subject to the Hours of Service Act, and the requirements for training and testing, control of alcohol and drug use, and hours of service record keeping provided for in parts 217, 219, and 228 of this chapter. (b) A utility employee shall perform service as a member of only one train or yard crew at any given time. Service with more than one crew may be sequential, but not concurrent. (c) A utility employee may be assigned to and serve as a member of a train or yard crew without the protection otherwise required by subpart B of part 218 of this chapter only under the following conditions: (1) The train or yard crew is assigned a controlling locomotive that is under the actual control of the assigned locomotive engineer of that crew; (2) The locomotive engineer is in the cab of the controlling locomotive, or, while the locomotive is stationary be replaced in the cab by another member of the same crew; (3) The utility employee established communication with the crew by contacting the designated crew member on arriving at the train (as defined for the purpose of this section as one or more locomotives coupled, with or without cars) and before commencing any duties with the crew. (4) Before each utility employee commences duties, the designated crew member shall provide notice to each crew member of the presence and identity of the utility employee. Once all crew members have acknowledged this notice, the designated crew member shall advise the utility employee that he or she is authorized to work as part of the crew. Thereafter, communication shall be maintained in such a manner that each member of the train or yard crew understands the duties to be performed and whether those duties will cause any crew member to go on, under, or between the rolling equipment; and (5) The utility employee is performing one or more of the following functions: Set or release handbrakes; couple or uncouple air hoses and other electrical or mechanical connections; prepare rail cars for coupling; set wheel blocks or wheel chains; conduct air brake test to include cutting air brake components in or out and position retaining valves; inspect, test, install, remove or replace a rear end marking device or end of train device; or change batteries on the rear end marking device or the end of train device if the change may be accomplished without the use of tools. Under all other circumstances, a utility employee working on, under, or between railroad rolling equipment must be provided with blue signal protection in accordance with §§ 218.23 through 218.30 of this part. (d) When the utility employee has ceased all work in connection with that train and is no longer on, under, or between the equipment, the utility employee shall notify the designated crew member. The designated crew member shall then provide notice to each crew member that the utility employee is being released from the crew. Once each crew member has acknowledged the notice, the designated crew member shall then notify the utility employee that he is released from the train or yard crew. (e) Communications required by § 218.22(c)(4) and (d) shall be conducted between the utility employee and the designated crew member. This communications shall be conducted either through direct verbal contact, by radio in compliance with part 220 of this chapter, or by oral telecommunication of equivalent integrity. (f) No more than three utility employees may be attached to one train or yard crew at any given time. (g) Any railroad employee who is not assigned to a train or yard crew, or authorized to work with a crew under the conditions set forth by paragraph (b) of this section, is a worker required to be provided blue signal protection in accordance with §§ 218.23 through 218.30 of this part. (h) Nothing in this section shall affect the alternative form of protection specified in § 221.16 of this chapter with respect to inspection of rear end marking devices." 49:49:4.1.1.1.13.2.11.3,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,B,Subpart B—Blue Signal Protection of Workers,,§ 218.23 Blue signal display.,FRA,,,,"(a) Blue signals displayed in accordance with § 218.25, 218.27, or 218.29 signify that workers are on, under, or between rolling equipment. When so displayed— (1) The equipment may not be coupled to; (2) The equipment may not be moved, except as provided for in § 218.29; (3) Other rolling equipment may not be placed on the same track so as to reduce or block the view of a blue signal, except as provided for in § 218.29 (a), (b) and (c); and (4) Rolling equipment may not pass a displayed blue signal. (b) Blue signals must be displayed in accordance with § 218.25, 218.27, or 218.29 by each craft or group of workers prior to their going on, under, or between rolling equipment and may only be removed by the same craft or group that displayed them." 49:49:4.1.1.1.13.2.11.4,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,B,Subpart B—Blue Signal Protection of Workers,,§ 218.24 One-person crew.,FRA,,,"[60 FR 11050, Mar. 1, 1995]","(a) An engineer working alone as a one-person crew shall not perform duties on, under, or between rolling equipment, without blue signal protection that complies with § 218.27 or § 218.29, unless the duties to be performed are listed in § 218.22(c)(5) and the following protections are provided: (1) Each locomotive in the locomotive engineer's charge is either: (i) Coupled to the train or other railroad rolling equipment to be assisted; or (ii) Stopped a sufficient distance from the train or rolling equipment to ensure a separation of at least 50 feet; and (2) Before a controlling locomotive is left unattended, the one-member crew shall secure the locomotive as follows: (i) The throttle is in the IDLE position; (ii) The generator field switch is in the OFF position; (iii) The reverser handle is removed (if so equipped); (iv) The isolation switch is in the ISOLATE position; (v) The locomotive independent (engine) brake valve is fully applied; (vi) The hand brake on the controlling locomotive is fully applied (if so equipped); and (vii) A bright orange engineer's tag (a tag that is a minimum of three by eight inches with the words ASSIGNED LOCOMOTIVE—DO NOT OPERATE) is displayed on the control stand of the controlling locomotive. (b) When assisting another train or yard crew with the equipment the other crew was assigned to operate, a single engineer must communicate directly, either by radio in compliance with part 220 of this chapter or by oral telecommunication of equivalent integrity, with the crew of the train to be assisted. The crews of both trains must notify each other in advance of all moves to be made by their respective equipment. Prior to attachment or detachment of the assisting locomotive(s), the crew of the train to be assisted must inform the single engineer that the train is secured against movement. The crew of the train to be assisted must not move the train or permit the train to move until authorized by the single engineer." 49:49:4.1.1.1.13.2.11.5,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,B,Subpart B—Blue Signal Protection of Workers,,§ 218.25 Workers on a main track.,FRA,,,"[44 FR 2175, Jan. 10, 1979, as amended at 48 FR 6123, Feb. 10, 1983]","When workers are on, under, or between rolling equipment on a main track: (a) A blue signal must be displayed at each end of the rolling equipment; and (b) If the rolling equipment to be protected includes one or more locomotives, a blue signal must be attached to the controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive. (c) When emergency repair work is to be done on, under, or between a locomotive or one or more cars coupled to a locomotive, and blue signals are not available, the engineman or operator must be notified and effective measures must be taken to protect the workers making the repairs." 49:49:4.1.1.1.13.2.11.6,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,B,Subpart B—Blue Signal Protection of Workers,,§ 218.27 Workers on track other than main track.,FRA,,,,"When workers are on, under, or between rolling equipment on track other than main track— (a) A blue signal must be displayed at or near each manually operated switch providing access to that track; (b) Each manually operated switch providing access to the track on which the equipment is located must be lined against movement to that track and locked with an effective locking device; and (c) The person in charge of the workers must have notified the operator of any remotely controlled switch that work is to be performed and have been informed by the operator that each remotely controlled switch providing access to the track on which the equipment is located has been lined against movement to that track and locked as prescribed in § 218.30. (d) If rolling equipment requiring blue signal protection as provided for in this section is on a track equipped with one or more crossovers, both switches of each crossover must be lined against movement through the crossover toward that rolling equipment, and the switch of each crossover that provides access to the rolling equipment must be protected in accordance with the provisions of paragraphs (a) and (b), or (c) of this section. (e) If the rolling equipment to be protected includes one or more locomotives, a blue signal must be attached to the controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive." 49:49:4.1.1.1.13.2.11.7,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,B,Subpart B—Blue Signal Protection of Workers,,§ 218.29 Alternate methods of protection.,FRA,,,"[44 FR 2175, Jan. 10, 1979, as amended at 48 FR 6123, Feb. 10, 1983]","Instead of providing blue signal protection for workers in accordance with § 218.27, the following methods for blue signal protection may be used: (a) When workers are on, under, or between rolling equipment in a locomotive servicing track area: (1) A blue signal must be displayed at or near each switch providing entrance to or departure from the area; (2) Each switch providing entrance to or departure from the area must be lined against movement to the area and locked with an effective locking device; and (3) A blue signal must be attached to each controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive; (4) If the speed within this area is restricted to not more than 5 miles per hour a derail, capable of restricting access to that portion of a track within the area on which the rolling equipment is located, will fulfill the requirements of a manually operated switch in compliance with paragraph (a)(2) of this section when positioned at least 50 feet from the end of the equipment to be protected by the blue signal, when locked in a derailing position with an effective locking device, and when a blue signal is displayed at the derail; (5) A locomotive may be moved onto a locomotive servicing area track after the blue signal has been removed from the entrance switch to the area. However, the locomotive must be stopped short of coupling to another locomotive; (6) A locomotive may be moved off of a locomotive servicing area track after the blue signal has been removed from the controlling locomotive to be moved and from the area departure switch; (7) If operated by an authorized employee under the direction of the person in charge of the workers, a locomotive protected by blue signals may be repositioned within this area after the blue signal has been removed from the locomotive to be repositioned and the workers on the affected track have been notified of the movement; and (8) Blue signal protection removed for the movement of locomotives as provided in paragraphs (a)(5) and (6) of this section must be restored immediately after the locomotive has cleared the switch. (b) When workers are on, under, or between rolling equipment in a car shop repair track area: (1) A blue signal must be displayed at or near each switch providing entrance to or departure from the area; and (2) Each switch providing entrance to or departure from the area must be lined against movement to the area and locked with an effective locking device; (3) If the speed within this area is restricted to not more than 5 miles per hour, a derail capable of restricting access to that portion of a track within the area on which the rolling equipment is located will fulfill the requirements of a manually operated switch in compliance with paragraph (a)(2) of this section when positioned at least 50 feet from the end of the equipment to be protected by the blue signal, when locked in a derailing position with an effective locking device and when a blue signal is displayed at the derail; (4) If operated by an authorized employee under the direction of the person in charge of the workemen, a car mover may be used to reposition rolling equipment within this area after workers on the affected track have been notified of the movement. (c) Except as provided in paragraphs (a) and (b) of this section, when workers are on, under, or between rolling equipment on any track, other than a main track: (1) A derail capable of restricting access to that portion of the track on which such equipment is located, will fulfill the requirements of a manually operated switch when positioned no less than 150 feet from the end so such equipment; and (2) Each derail must be locked in a derailing position with an effective locking device and a blue signal must be displayed at each derail. (d) When emergency repair work is to be done on, under, or between a locomotive or one or more cars coupled to a locomotive, and blue signals are not available, the engineman or operator at the controls of that locomotive must be notified and effective measures must be taken to protect the workers making the repairs." 49:49:4.1.1.1.13.2.11.8,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,B,Subpart B—Blue Signal Protection of Workers,,§ 218.30 Remotely controlled switches.,FRA,,,"[44 FR 2175, Jan. 10, 1979, as amended at 48 FR 6123, Feb. 10, 1983]","(a) After the operator of the remotely controlled switches has received the notification required by § 218.27(c), he must line each remotely controlled switch against movement to that track and apply an effective locking device to the lever, button, or other device controlling the switch before he may inform the employee in charge of the workers that protection has been provided. (b) The operator may not remove the locking device unless he has been informed by the person in charge of the workers that it is safe to do so. (c) The operator must maintain for 15 days a written record of each notification which contains the following information: (1) The name and craft of the employee in charge who provided the notification; (2) The number or other designation of the track involved; (3) The date and time the operator notified the employee in charge that protection had been provided in accordance with paragraph (a) of this section; and (4) The date and time the operator was informed that the work had been completed, and the name and craft of the employee in charge who provided this information." 49:49:4.1.1.1.13.3.11.1,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,C,Subpart C—Protection of Trains and Locomotives,,§ 218.31 Scope.,FRA,,,"[42 FR 5065, Jan. 27, 1977]","This subpart prescribes minimum operating rule requirements for the protection of railroad employees engaged in the operation of trains, locomotives and other rolling equipment." 49:49:4.1.1.1.13.3.11.2,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,C,Subpart C—Protection of Trains and Locomotives,,§ 218.35 Yard limits.,FRA,,,"[42 FR 5065, Jan. 27, 1977]","(a) After August 1, 1977, yard limits must be designated by— (1) Yard limit signs, and (2) Timetable, train orders, or special instructions. (b) After August 1, 1977, each railroad must have in effect an operating rule which complies with the requirements set forth below: (1) The main tracks within yard limits may be used, clearing the time an approaching designated class train is due to leave the nearest station where time is shown. In case of failure to clear the time of designated class trains, protection must be provided as § 218.37. In yard limits where main tracks are governed by block signal system rules, protection as prescribed by § 218.37 is not required. (2) Trains and engines, except designated class trains, within yard limits must move prepared to stop within onehalf the range of vision but not exceeding 20 m.p.h. unless the main track is known to be clear by block signal indications. (3) Within yard limits, movements against the current of traffic on the main tracks must not be made unless authorized and protected by train order, yardmaster, or other designated official and only under the operating restrictions prescribed in § 218.35(b)(2). (c) Each railroad shall designate in the operating rule prescribed under paragraph (b) of this section the class or classes of trains which shall have superiority on the main track within yard limits." 49:49:4.1.1.1.13.3.11.3,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,C,Subpart C—Protection of Trains and Locomotives,,§ 218.37 Flag protection.,FRA,,,"[42 FR 5065, Jan. 27, 1977, as amended at 42 FR 38362, July 28, 1977; 73 FR 8498, Feb. 13, 2008]","(a) After August 1, 1977, each railroad must have in effect an operating rule which complies with the requirements set forth below: (1) Except as provided in paragraph (a)(2) of this section, flag protection shall be provided— (i) When a train is moving on the main track at less than one-half the maximum authorized speed (including slow order limits) in that territory, flag protection against following trains on the same track must be provided by a crew member by dropping off single lighted fusees at intervals that do not exceed the burning time of the fusee. (ii) When a train is moving on the main track at more than one-half the maximum authorized speed (including slow order limits) in that territory under circumstances in which it may be overtaken, crew members responsible for providing protection will take into consideration the grade, curvature of track, weather conditions, sight distance and relative speed of his train to following trains and will be governed accordingly in the use of fusees. (iii) When a train stops on main track, flag protection against following trains on the same track must be provided as follows: A crew member with flagman's signals must immediately go back at least the distance prescribed by timetable or other instructions for the territory and display one lighted fusee. The crew member may then return one-half of the distance to the crew member's train where the crew member must remain until the crew member has stopped the approaching train or is recalled. When recalled, the crew member must leave one lighted fusee and while returning to the crew member's train, the crew member must also place single lighted fusees at intervals that do not exceed the burning time of the fusee. When the train departs, a crew member must leave one lighted fusee and until the train resumes speed not less than one-half the maximum authorized speed (including slow order limits) in that territory, the crew member must drop off single lighted fusees at intervals that do not exceed the burning time of the fusee. (iv) When required by the railroad's operating rules, a forward crew member with flagman's signals must protect the front of the crew member's train against opposing movements by immediately going forward at least the distance prescribed by timetable or other instructions for the territory, displaying one lighted fusee, and remaining at that location until recalled. (v) Whenever a crew member is providing flag protection, he must not permit other duties to interfere with the protection of his train. (2) Flag protection against following trains on the same track is not required if— (i) The rear of the train is protected by at least two block signals; (ii) The rear of the train is protected by an absolute block; (iii) The rear of the train is within interlocking limits; or (iv) A train order specifies that flag protection is not required. (v) A railroad operates only one train at any given time. (b) Each railroad shall designate by timetable or other instruction for each territory the specific distance which a crew member providing flag protection must go out in order to provide adequate protection for his train. (c) Whenever the use of fusees is prohibited by a Federal, State or local fire regulation, each railroad operating within that jurisdiction shall provide alternate operating procedures to assure full protection of trains in lieu of flag protection required by this section." 49:49:4.1.1.1.13.3.11.4,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,C,Subpart C—Protection of Trains and Locomotives,,§ 218.39 Hump operations.,FRA,,,"[49 FR 6497, Feb. 22, 1984]","After June 30, 1984, each railroad that operates a remote control hump yard facility must have in effect an operating rule that adopts the following provisions in substance: (a) When a train or engine service employee is required to couple an air hose or to adjust a coupling device and that activity will require that the employee place himself between pieces of rolling equipment located on a bowl track, the operator of any remotely controlled switch that provides access from the apex of the hump to the track on which the rolling equipment is located shall be notified; (b) Upon such notification, the operator of such remotely controlled switch shall line it against movement to the affected bowl track and shall apply a locking or blocking device to the control for that switch; and (c) The operator shall then notify the employee that the requested protection has been provided and shall remove the locking or blocking device only after being notified by the employee that protection is no longer required on that track." 49:49:4.1.1.1.13.3.11.5,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,C,Subpart C—Protection of Trains and Locomotives,,§ 218.41 Noncompliance with hump operations rule.,FRA,,,"[90 FR 28144, July 1, 2025]","A person (including a railroad and any manager, supervisor, official, or other employee or agent of a railroad) who fails to comply with a railroad's operating rule issued pursuant to § 218.39 is subject to a penalty. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy." 49:49:4.1.1.1.13.4.11.1,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,D,Subpart D—Prohibition Against Tampering With Safety Devices,,§ 218.51 Purpose.,FRA,,,"[54 FR 5492, Feb. 3, 1989, as amended at 58 FR 36613, July 8, 1993]","(a) The purpose of this subpart is to prevent accidents and casualties that can result from the operation of trains when safety devices intended to improve the safety of their movement have been disabled. (b) This subpart does not prohibit intervention with safety devices that is permitted: (1) Under the provisions of § 236.566 or § 236.567 of this chapter; (2) Under the provisions of § 218.61 of this part; or (3) Under the provisions of § 229.9 of this chapter, provided that when a locomotive is being operated under the provision of § 229.9(b) a designated officer has been notified of the defective alerter or deadman pedal at the first available point of communication." 49:49:4.1.1.1.13.4.11.2,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,D,Subpart D—Prohibition Against Tampering With Safety Devices,,§ 218.53 Scope and definitions.,FRA,,,"[54 FR 5492, Feb. 3, 1989, as amended at 88 FR 70760, Oct. 12, 2023]","(a) This subpart establishes standards of conduct for railroads and individuals who operate or permit to be operated locomotives equipped with one or more of the safety devices identified in paragraph (c) of this section. (b) Disable means to unlawfully render a device incapable of proper and effective action or to materially impair the functioning of that device. (c) Safety Device means any locomotive-mounted equipment used either to assure the locomotive engineer is alert, not physically incapacitated, and aware of and complying with the indications of a signal system or other operational control system, or a system used to record data concerning the operations of that locomotive or the train it is powering. See appendix C to this part for a statement of agency policy on this subject. (d) The provisions in §§ 218.59 and 218.61 do not apply to locomotive-mounted image or audio recording equipment on freight locomotives." 49:49:4.1.1.1.13.4.11.3,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,D,Subpart D—Prohibition Against Tampering With Safety Devices,,§ 218.55 Tampering prohibited.,FRA,,,"[90 FR 28144, July 1, 2025]",Any individual who willfully disables a safety device is subject to a civil penalty and to disqualification from performing safety-sensitive functions on a railroad if found unfit for such duties under the procedures provided for in 49 CFR part 209. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. 49:49:4.1.1.1.13.4.11.4,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,D,Subpart D—Prohibition Against Tampering With Safety Devices,,§ 218.57 Responsibilities of individuals.,FRA,,,"[90 FR 28144, July 1, 2025]","Any individual who knowingly operates a train, or permits it to be operated, when the controlling locomotive of that train is equipped with a disabled safety device, is subject to a civil penalty and to disqualification from performing safety-sensitive functions on a railroad if found to be unfit for such duties. See appendix B to this part for a statement of agency enforcement policy concerning violations of this section. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy." 49:49:4.1.1.1.13.4.11.5,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,D,Subpart D—Prohibition Against Tampering With Safety Devices,,§ 218.59 Responsibilities of railroads.,FRA,,,"[84 FR 23734, May 23, 2019, as amended at 90 FR 28144, July 1, 2025]",Any railroad that operates a train when the controlling locomotive of a train is equipped with a disabled safety device is subject to a civil penalty. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. 49:49:4.1.1.1.13.4.11.6,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,D,Subpart D—Prohibition Against Tampering With Safety Devices,,§ 218.61 Authority to deactivate safety devices.,FRA,,,"[54 FR 5492, Feb. 3, 1989, as amended at 58 FR 36613, July 8, 1993; 88 FR 70760, Oct. 12, 2023]","(a) For the purpose of this chapter, it is lawful to temporarily render a safety device incapable of proper or effective action or to materially impair its function if this action is taken as provided for in paragraph (b) or (c) of this section. (b) If a locomotive is equipped with a device to assure that the operator is alert or not physically incapacitated, that device may be deactivated when: (1) The locomotive is not the controlling locomotive; (2) The locomotive is performing switching operations and not hauling cars in a manner that constitutes a train movement under part 232 of this chapter: (3) The locomotive is dead-in-tow; or (4) The locomotive is a mid-train slave unit being controlled by radio from a remote location. (c) If a locomotive in commuter or intercity passenger service is equipped with a device to record data concerning the operation of that locomotive or the train it is powering, that device may be deactivated only under the provisions of § 229.135 of this chapter. Inward- and outward-facing image recording devices on commuter or intercity passenger locomotives may be deactivated only under the provisions of § 229.136 of this chapter. This section does not apply to inward- or outward-facing image recording devices that are installed on freight locomotives." 49:49:4.1.1.1.13.5.11.1,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,E,Subpart E—Protection of Occupied Camp Cars,,§ 218.71 Purpose and scope.,FRA,,,,This subpart prescribes minimum requirements governing protection of camp cars that house railroad employees. The rule does not apply to such cars while they are in a train. 49:49:4.1.1.1.13.5.11.2,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,E,Subpart E—Protection of Occupied Camp Cars,,§ 218.73 Warning signal display.,FRA,,,,"(a) Warning signals, i.e., a white disk with the words “Occupied Camp Car” in black lettering during daylight hours and an illuminated white signal at night, displayed in accordance with § 218.75, § 218.77, or § 218.79 signify that employees are in, around, or in the vicinity of camp cars. Once the signals have been displayed— (1) The camp cars may not be moved for coupling to other rolling equipment or moved to another location; (2) Rolling equipment may not be placed on the same track so as to reduce or block the view of a warning signal; and (3) Rolling equipment may not pass a warning signal. (b) Warning signals indicating the presence of occupied camp cars, displayed in accordance with §§ 218.75 and 218.79, shall be displayed by a designated occupant of the camp cars or that person's immediate supervisor. The signal(s) shall be displayed as soon as such cars are placed on the track, and such signals may only be removed by those same individuals prior to the time the cars are moved to another location." 49:49:4.1.1.1.13.5.11.3,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,E,Subpart E—Protection of Occupied Camp Cars,,§ 218.75 Methods of protection for camp cars.,FRA,,,,"When camp cars requiring protection are on either main track or track other than main track: (a) A warning signal shall be displayed at or near each switch providing access to that track; (b) The person in charge of the camp car occupants shall immediately notify the person responsible for directing train movements on that portion of the railroad where the camp cars are being parked; (c) Once notified of the presence of camp cars and their location on main track or other than main track, the person responsible for directing train movements on that portion of the railroad where the camp cars are being parked shall take appropriate action to alert affected personnel to the presence of the cars; (d) Each manually operating switch providing access to track on which the camp cars are located shall be lined against movement to that track and secured with an effective locking device and spiked; and (e) Each remotely controlled switch providing access to the track on which the camp cars are located shall be protected in accordance with § 218.77." 49:49:4.1.1.1.13.5.11.4,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,E,Subpart E—Protection of Occupied Camp Cars,,§ 218.77 Remotely controlled switches.,FRA,,,,"(a) After the operator of the remotely controlled switch is notified that a camp car is to be placed on a particular track, he shall line such switch against movement to that track and apply an effective locking device applied to the lever, button, or other device controlling the switch before informing the person in charge of the camp car occupants that protection has been provided. (b) The operator may not remove the locking device until informed by the person in charge of the camp car occupants that protection is no longer required. (c) The operator shall maintain for 15 days a written record of each notification that contains the following information: (1) The name and craft of the employee in charge who provided the notification; (2) The number or other designation of the track involved; (3) The date and time the operator notified the employee in charge that protection had been provided in accordance with paragraph (a) of this section; and (4) The date and time the operator was informed that the work had been completed, and the name and craft of the employee in charge who provided this information. (d) When occupied camp cars are parked on main track, a derail, capable of restricting access to that portion of the track on which such equipment is located, shall be positioned no less than 150 feet from the end of such equipment and locked in a derailing position with an effective locking device, and a warning signal must be displayed at the derail." 49:49:4.1.1.1.13.5.11.5,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,E,Subpart E—Protection of Occupied Camp Cars,,§ 218.79 Alternative methods of protection.,FRA,,,,"Instead of providing protection for occupied camp cars in accordance with § 218.75 or § 218.77, the following methods of protection may be used: (a) When occupied camp cars are on track other than main track: (1) A warning signal must be displayed at or near each switch providing access to or from the track; (2) Each switch providing entrance to or departure from the area must be lined against movement to the track and locked with an effective locking device; and (3) If the speed within this area is restricted to not more than five miles per hour, a derail, capable of restricting access to that portion of track on which the camp cars are located, will fulfill the requirements of a manually operated switch in compliance with paragraph (a)(2) of this section when positioned at least 50 feet from the end of the camp cars to be protected by the warning signal, when locked in a derailing position with an effective locking device, and when a warning signal is displayed at the derail. (b) Except as provided in paragraph (a) of this section, when occupied camp cars are on track other than main track: (1) A derail, capable of restricting access to that portion of the track on which such equipment is located, will fulfill the requirements of a manually operated switch when positioned no less than 150 feet from the end of such equipment; and (2) Each derail must be locked in a derailing position with an effective locking device and a warning signal must be displayed at each derail." 49:49:4.1.1.1.13.5.11.6,49,Transportation,II,,218,PART 218—RAILROAD OPERATING PRACTICES,E,Subpart E—Protection of Occupied Camp Cars,,§ 218.80 Movement of occupied camp cars.,FRA,,,,Occupied cars may not be humped or flat switched unless coupled to a locomotive.