cfr_sections
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| 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 |
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| 49:49:4.1.1.1.8.1.5.1 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.1 Scope of part. | FRA | [63 FR 34029, June 22, 1998, as amended at 78 FR 16100, Mar. 13, 2013; 85 FR 63387, Oct. 7, 2020] | (a) This part prescribes minimum safety requirements for railroad track that is part of the general railroad system of transportation. In general, the requirements prescribed in this part apply to specific track conditions existing in isolation. Therefore, a combination of track conditions, none of which individually amounts to a deviation from the requirements in this part, may require remedial action to provide for safe operations over that track. This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements not inconsistent with this part. (b) Subparts A through F apply to track Classes 1 through 5. Subpart G and 213.2, 213.3, 213.15, and 213.240 apply to track over which trains are operated at speeds in excess of those permitted over Class 5 track. | ||||
| 49:49:4.1.1.1.8.1.5.10 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.15 Penalties. | FRA | [63 FR 34029, June 22, 1998, as amended at 69 FR 30593, May 28, 2004; 72 FR 51196, Sept. 6, 2007; 73 FR 79701, Dec. 30, 2008; 77 FR 24419, Apr. 24, 2012; 81 FR 43109, July 1, 2016; 82 FR 16132, Apr. 3, 2017; 83 FR 60746, Nov. 27, 2018; 84 FR 23734, May 23, 2019; 84 FR 37072, July 31, 2019; 86 FR 1757, Jan. 11, 2021; 86 FR 23253, May 3, 2021; 87 FR 15867, Mar. 21, 2022; 88 FR 1126, Jan. 6, 2023; 88 FR 89561, Dec. 28, 2023; 89 FR 106295, Dec. 30, 2024; 90 FR 28136, 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. “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; and anyone held by the Federal Railroad Administrator to be responsible under § 213.5(d) or § 213.303(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. (b) Any person who knowingly and willfully falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311. | ||||
| 49:49:4.1.1.1.8.1.5.11 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.17 Waivers. | FRA | (a) Any owner of track to which this part applies, or other person subject to this part, may petition the Federal Railroad Administrator for a waiver from any or all requirements prescribed in this part. The filing of such a petition does not affect that person's responsibility for compliance with that requirement while the petition is being considered. (b) Each petition for a waiver under this section shall be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that a waiver is in the public interest and is consistent with railroad safety, the Administrator may grant the exemption subject to any conditions the Administrator deems necessary. Where a waiver is granted, the Administrator publishes a notice containing the reasons for granting the waiver. | |||||
| 49:49:4.1.1.1.8.1.5.12 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.19 Information collection. | FRA | (a) The information collection requirements of this part were reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ) and are assigned OMB control number 2130-0010. (b) The information collection requirements are found in the following sections: §§ 213.4, 213.5, 213.7, 213.17, 213.57, 213.119, 213.122, 213.233, 213.237, 213.241, 213.303, 213.305, 213.317, 213.329, 213.333, 213.339, 213.341, 213.343, 213.345, 213.353, 213.361, 213.369. | |||||
| 49:49:4.1.1.1.8.1.5.2 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.3 Application. | FRA | [63 FR 34029, June 22, 1998, as amended at 79 FR 4256, Jan. 24, 2014] | (a) Except as provided in paragraph (b) of this section, this part applies to all standard gage track in the general railroad system of transportation. (b) This part does not apply to track: (1) Located inside an installation that is not part of the general railroad system of transportation (i.e., a plant railroad). As used in this part, a plant railroad means a plant or installation that owns or leases a locomotive, uses that locomotive to switch cars throughout the plant or installation, and is moving goods solely for use in the facility's own industrial processes. The plant or installation could include track immediately adjacent to the plant or installation if the plant railroad leases the track from the general system railroad and the lease provides for (and actual practice entails) the exclusive use of that track by the plant railroad and the general system railroad for purposes of moving only cars shipped to or from the plant. A plant or installation that operates a locomotive to switch or move cars for other entities, even if solely within the confines of the plant or installation, rather than for its own purposes or industrial processes, will not be considered a plant railroad because the performance of such activity makes the operation part of the general railroad system of transportation. Similarly, this exclusion does not apply to track over which a general system railroad operates, even if that track is located within a plant railroad; (2) Used exclusively for tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation. As used in this part, tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation means a tourist, scenic, historic, or excursion 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); or (3) Used exclusively for rapid transit operations in an urban a… | ||||
| 49:49:4.1.1.1.8.1.5.3 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.4 Excepted track. | FRA | [63 FR 34029, June 22, 1998, as amended at 90 FR 28136, July 1, 2025] | A track owner may designate a segment of track as excepted track provided that— (a) The segment is identified in the timetable, special instructions, general order, or other appropriate records which are available for inspection during regular business hours; (b) The identified segment is not located within 30 feet of an adjacent track which can be subjected to simultaneous use at speeds in excess of 10 miles per hour; (c) The identified segment is inspected in accordance with 213.233(c) and 213.235 at the frequency specified for Class 1 track; (d) The identified segment of track is not located on a bridge including the track approaching the bridge for 100 feet on either side, or located on a public street or highway, if railroad cars containing commodities required to be placarded by the Hazardous Materials Regulations (49 CFR part 172), are moved over the track; and (e) The railroad conducts operations on the identified segment under the following conditions: (1) No train shall be operated at speeds in excess of 10 miles per hour; (2) No occupied passenger train shall be operated; (3) No freight train shall be operated that contains more than five cars required to be placarded by the Hazardous Materials Regulations (49 CFR part 172); and (4) The gage on excepted track shall not be more than 4 feet 10 1/4 inches. This paragraph (e)(4) is applicable September 21, 1999. (f) A track owner shall advise the Track and Structures Division of FRA's Office of Railroad Safety (Track and Structures Division) at least 10 days prior to removal of a segment of track from excepted status. | ||||
| 49:49:4.1.1.1.8.1.5.4 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.5 Responsibility for compliance. | FRA | [63 FR 34029, June 22, 1998, as amended at 85 FR 63387, Oct. 7, 2020; 90 FR 28136, July 1, 2025] | (a) Except as provided in paragraph (b) of this section, any owner of track to which this part applies who knows or has notice that the track does not comply with the requirements of this part, shall— (1) Bring the track into compliance; (2) Halt operations over that track; or (3) Operate under authority of a person designated under § 213.7(a), subject to conditions set forth in this part. If the operation is on continuous welded rail (CWR) track, the person under whose authority operations are conducted must also be designated under § 213.7(c). (b) If an owner of track to which this part applies designates a segment of track as “excepted track” under the provisions of § 213.4, operations may continue over that track without complying with the provisions of subparts B, C, D, and E of this part, unless otherwise expressly stated. (c) If an owner of track to which this part applies assigns responsibility for the track to another person (by lease or otherwise), written notification of the assignment shall be provided to FRA's Track and Structures Division at least 30 days in advance of the assignment. The notification may be made by any party to that assignment, but shall be in writing and include the following— (1) The name and address of the track owner; (2) The name and address of the person to whom responsibility is assigned (assignee); (3) A statement of the exact relationship between the track owner and the assignee; (4) A precise identification of the track; (5) A statement as to the competence and ability of the assignee to carry out the duties of the track owner under this part; and (6) A statement signed by the assignee acknowledging the assignment to him of responsibility for purposes of compliance with this part. (d) The Administrator may hold the track owner or the assignee or both responsible for compliance with this part and subject to penalties under § 213.15. (e) A common carrier by railroad which is directed by the Surface Transportation Board to provide service over the track of anoth… | ||||
| 49:49:4.1.1.1.8.1.5.5 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.7 Designation of qualified persons to supervise certain renewals and inspect track. | FRA | [63 FR 34029, June 22, 1998, as amended at 74 FR 43002, Aug. 25, 2009; 78 FR 16100, Mar. 13, 2013; 85 FR 63387, Oct. 7, 2020] | (a) Each track owner to which this part applies shall designate qualified persons to supervise restorations and renewals of track under traffic conditions. Each person designated shall have— (1) At least— (i) 1 year of experience in railroad track maintenance under traffic conditions; or (ii) A combination of experience in track maintenance and training from a course in track maintenance or from a college level educational program related to track maintenance. (2) Demonstrated to the owner that he or she— (i) Knows and understands the requirements of this part that apply to the restoration and renewal of the track for which he or she is responsible; (ii) Can detect deviations from those requirements; and (iii) Can prescribe appropriate remedial action to correct or safely compensate for those deviations; and (3) Authorization from the track owner to prescribe remedial actions to correct or safely compensate for deviations from the requirements of this part. (b) Each track owner to which this part applies shall designate qualified persons to inspect track for defects. Each person designated shall have— (1) At least— (i) 1 year of experience in railroad track inspection; or (ii) A combination of experience in track inspection and training from a course in track inspection or from a college level educational program related to track inspection; (2) Demonstrated to the owner that he or she— (i) Knows and understands the requirements of this part that apply to the inspection of the track for which he or she is responsible; (ii) Can detect deviations from those requirements; and (iii) Can prescribe appropriate remedial action to correct or safely compensate for those deviations; and (3) Authorization from the track owner to prescribe remedial actions to correct or safely compensate for deviations from the requirements of this part, pending review by a qualified person designated under paragraph (a) of this section. (c) Individuals designated under paragraphs (a) or (b) of this section that inspect con… | ||||
| 49:49:4.1.1.1.8.1.5.6 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.9 Classes of track: operating speed limits. | FRA | [63 FR 34029, June 22, 1998, as amended at 85 FR 63388, Oct. 7, 2020] | (a) Except as provided in paragraph (b) of this section and §§ 213.57(b), 213.59(a), 213.113(a), and 213.137(b) and (c), the following maximum allowable operating speeds apply— [In miles per hour] (b) If a segment of track does not meet all of the requirements of its intended class, it is reclassified to the next lowest class of track for which it does meet all of the requirements of this part. However, if the segment of track does not at least meet the requirements of Class 1 track, operations may continue at Class 1 speeds for a period of not more than 30 days without bringing the track into compliance, under the authority of a person designated under § 213.7(a), after that person determines that operations may safely continue and subject to any limiting conditions specified by such person. | ||||
| 49:49:4.1.1.1.8.1.5.7 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.11 Restoration or renewal of track under traffic conditions. | FRA | [85 FR 63388, Oct. 7, 2020] | If during a period of restoration or renewal, track is under traffic conditions and does not meet all of the requirements prescribed in this part, the work on the track shall be under the continuous supervision of a person designated under § 213.7(a) and, as applicable, § 213.7(c). The work on the track shall also be subject to any limiting conditions specified by such person. The operating speed cannot be more than the maximum allowable speed under § 213.9 for the class of track concerned. The term “continuous supervision” as used in this section means the physical presence of that person at the job site. However, since the work may be performed over a large area, it is not necessary that each phase of the work be done under the visual supervision of that person. | ||||
| 49:49:4.1.1.1.8.1.5.8 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.13 Measuring track not under load. | FRA | When unloaded track is measured to determine compliance with requirements of this part, the amount of rail movement, if any, that occurs while the track is loaded must be added to the measurements of the unloaded track. | |||||
| 49:49:4.1.1.1.8.1.5.9 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | A | Subpart A—General | § 213.14 Application of requirements to curved track. | FRA | [78 FR 16100, Mar. 13, 2013] | Unless otherwise provided in this part, requirements specified for curved track apply only to track having a curvature greater than 0.25 degree. | ||||
| 49:49:4.1.1.1.8.2.5.1 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | B | Subpart B—Roadbed | § 213.31 Scope. | FRA | This subpart prescribes minimum requirements for roadbed and areas immediately adjacent to roadbed. | |||||
| 49:49:4.1.1.1.8.2.5.2 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | B | Subpart B—Roadbed | § 213.33 Drainage. | FRA | Each drainage or other water carrying facility under or immediately adjacent to the roadbed shall be maintained and kept free of obstruction, to accommodate expected water flow for the area concerned. | |||||
| 49:49:4.1.1.1.8.2.5.3 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | B | Subpart B—Roadbed | § 213.37 Vegetation. | FRA | Vegetation on railroad property which is on or immediately adjacent to roadbed shall be controlled so that it does not— (a) Become a fire hazard to track-carrying structures; (b) Obstruct visibility of railroad signs and signals: (1) Along the right-of-way, and (2) At highway-rail crossings; (This paragraph (b)(2) is applicable September 21, 1999.) (c) Interfere with railroad employees performing normal trackside duties; (d) Prevent proper functioning of signal and communication lines; or (e) Prevent railroad employees from visually inspecting moving equipment from their normal duty stations. | |||||
| 49:49:4.1.1.1.8.3.5.1 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | C | Subpart C—Track Geometry | § 213.51 Scope. | FRA | This subpart prescribes requirements for the gage, alinement, and surface of track, and the elevation of outer rails and speed limitations for curved track. | |||||
| 49:49:4.1.1.1.8.3.5.2 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | C | Subpart C—Track Geometry | § 213.53 Gage. | FRA | (a) Gage is measured between the heads of the rails at right-angles to the rails in a plane five-eighths of an inch below the top of the rail head. (b) Gage shall be within the limits prescribed in the following table— | |||||
| 49:49:4.1.1.1.8.3.5.3 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | C | Subpart C—Track Geometry | § 213.55 Track alinement. | FRA | [78 FR 16100, Mar. 13, 2013] | (a) Except as provided in paragraph (b) of this section, alinement may not deviate from uniformity more than the amount prescribed in the following table: 1 The ends of the line shall be at points on the gage side of the line rail, five-eighths of an inch below the top of the railhead. Either rail may be used as the line rail; however, the same rail shall be used for the full length of that tangential segment of the track. 2 The ends of the chord shall be at points on the gage side of the outer rail, five-eighths of an inch below the top of the railhead. 3 N/A—Not Applicable (b) For operations at a qualified cant deficiency, E u , of more than 5 inches, the alinement of the outside rail of the curve may not deviate from uniformity more than the amount prescribed in the following table: 1 The ends of the chord shall be at points on the gage side of the outer rail, five-eighths of an inch below the top of the railhead. 2 Restraining rails or other systems may be required for derailment prevention. 3 N/A—Not Applicable | ||||
| 49:49:4.1.1.1.8.3.5.4 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | C | Subpart C—Track Geometry | § 213.57 Curves; elevation and speed limitations. | FRA | [78 FR 16101, Mar. 13, 2013] | (a) The maximum elevation of the outside rail of a curve may not be more than 8 inches on track Classes 1 and 2, and 7 inches on track Classes 3 through 5. The outside rail of a curve may not be lower than the inside rail by design, except when engineered to address specific track or operating conditions; the limits in § 213.63 apply in all cases. (b) The maximum allowable posted timetable operating speed for each curve is determined by the following formula— Where— V max = Maximum allowable posted timetable operating speed (m.p.h.). E a = Actual elevation of the outside rail (inches). 1 1 Actual elevation, E a , for each 155-foot track segment in the body of the curve is determined by averaging the elevation for 11 points through the segment at 15.5-foot spacing. If the curve length is less than 155 feet, the points are averaged through the full length of the body of the curve. E u = Qualified cant deficiency 2 (inches) of the vehicle type. 2 If the actual elevation, E a , and degree of curvature, D, change as a result of track degradation, then the actual cant deficiency for the maximum allowable posted timetable operating speed, V max , may be greater than the qualified cant deficiency, E u . This actual cant deficiency for each curve may not exceed the qualified cant deficiency, E u , plus 1 inch. D = Degree of curvature (degrees). 3 3 Degree of curvature, D, is determined by averaging the degree of curvature over the same track segment as the elevation. Where— V max = Maximum allowable posted timetable operating speed (m.p.h.). E a = Actual elevation of the outside rail (inches). 1 1 Actual elevation, E a , for each 155-foot track segment in the body of the curve is determined by averaging the elevation for 11 points through the segment at 15.5-foot spacing. If the curve length is less than 155 feet, the points are averaged through the full length of the body of the curve. E u = Qualified cant deficiency 2 (inches) of the vehicle type. 2… | ||||
| 49:49:4.1.1.1.8.3.5.5 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | C | Subpart C—Track Geometry | § 213.59 Elevation of curved track; runoff. | FRA | [63 FR 34029, June 22, 1998, as amended at 78 FR 16101, Mar. 13, 2013] | (a) If a curve is elevated, the full elevation shall be provided throughout the curve, unless physical conditions do not permit. If elevation runoff occurs in a curve, the actual minimum elevation shall be used in computing the maximum allowable posted timetable operating speed for that curve under § 213.57(b). (b) Elevation runoff shall be at a uniform rate, within the limits of track surface deviation prescribed in § 213.63, and it shall extend at least the full length of the spirals. If physical conditions do not permit a spiral long enough to accommodate the minimum length of runoff, part of the runoff may be on tangent track. | ||||
| 49:49:4.1.1.1.8.3.5.6 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | C | Subpart C—Track Geometry | § 213.63 Track surface. | FRA | [78 FR 16101, Mar. 13, 2013] | (a) Except as provided in paragraph (b) of this section, each track owner shall maintain the surface of its track within the limits prescribed in the following table: 1 Except as limited by § 213.57(a), where the elevation at any point in a curve equals or exceeds 6 inches, the difference in crosslevel within 62 feet between that point and a point with greater elevation may not be more than 1 1/2 inches. 2 However, to control harmonics on Class 2 through 5 jointed track with staggered joints, the crosslevel differences shall not exceed 1 1/4 inches in all of six consecutive pairs of joints, as created by seven low joints. Track with joints staggered less than 10 feet apart shall not be considered as having staggered joints. Joints within the seven low joints outside of the regular joint spacing shall not be considered as joints for purposes of this footnote. (b) For operations at a qualified cant deficiency, E u , of more than 5 inches, each track owner shall maintain the surface of the curve within the limits prescribed in the following table: 1 N/A—Not Applicable. | ||||
| 49:49:4.1.1.1.8.3.5.7 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | C | Subpart C—Track Geometry | § 213.65 Combined track alinement and surface deviations. | FRA | [78 FR 16102, Mar. 13, 2013] | On any curved track where operations are conducted at a qualified cant deficiency, E u , greater than 5 inches, the combination of alinement and surface deviations for the same chord length on the outside rail in the curve, as measured by a TGMS, shall comply with the following formula: Where— A m = measured alinement deviation from uniformity (outward is positive, inward is negative). A L = allowable alinement limit as per § 213.55(b) (always positive) for the class of track. S m = measured profile deviation from uniformity (down is positive, up is negative). S L = allowable profile limit as per § 213.63(b) (always positive) for the class of track. Where— A m = measured alinement deviation from uniformity (outward is positive, inward is negative). A L = allowable alinement limit as per § 213.55(b) (always positive) for the class of track. S m = measured profile deviation from uniformity (down is positive, up is negative). S L = allowable profile limit as per § 213.63(b) (always positive) for the class of track. | ||||
| 49:49:4.1.1.1.8.4.5.1 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.101 Scope. | FRA | This subpart prescribes minimum requirements for ballast, crossties, track assembly fittings, and the physical conditions of rails. | |||||
| 49:49:4.1.1.1.8.4.5.10 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.122 Torch cut rail. | FRA | (a) Except as a temporary repair in emergency situations no rail having a torch cut end shall be used in Classes 3 through 5 track. When a rail end is torch cut in emergency situations, train speed over that rail end shall not exceed the maximum allowable for Class 2 track. For existing torch cut rail ends in Classes 3 through 5 track the following shall apply— (1) Within one year of September 21, 1998, all torch cut rail ends in Class 5 track shall be removed; (2) Within two years of September 21, 1998, all torch cut rail ends in Class 4 track shall be removed; and (3) Within one year of September 21, 1998, all torch cut rail ends in Class 3 track over which regularly scheduled passenger trains operate, shall be inventoried by the track owner. (b) Following the expiration of the time limits specified in paragraphs (a)(1), (2), and (3) of this section, any torch cut rail end not removed from Classes 4 and 5 track, or any torch cut rail end not inventoried in Class 3 track over which regularly scheduled passenger trains operate, shall be removed within 30 days of discovery. Train speed over that rail end shall not exceed the maximum allowable for Class 2 track until removed. | |||||
| 49:49:4.1.1.1.8.4.5.11 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.123 Tie plates. | FRA | (a) In Classes 3 through 5 track where timber crossties are in use there shall be tie plates under the running rails on at least eight of any 10 consecutive ties. (b) In Classes 3 through 5 track no metal object which causes a concentrated load by solely supporting a rail shall be allowed between the base of the rail and the bearing surface of the tie plate. This paragraph (b) is applicable September 21, 1999.) | |||||
| 49:49:4.1.1.1.8.4.5.12 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.127 Rail fastening systems. | FRA | [76 FR 18086, Apr. 1, 2011] | (a) Track shall be fastened by a system of components that effectively maintains gage within the limits prescribed in § 213.53(b). Each component of each such system shall be evaluated to determine whether gage is effectively being maintained. (b) If rail anchors are applied to concrete crossties, the combination of the crossties, fasteners, and rail anchors must provide effective longitudinal restraint. (c) Where fastener placement impedes insulated joints from performing as intended, the fastener may be modified or removed, provided that the crosstie supports the rail. | ||||
| 49:49:4.1.1.1.8.4.5.13 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.133 Turnouts and track crossings generally. | FRA | (a) In turnouts and track crossings, the fastenings shall be intact and maintained so as to keep the components securely in place. Also, each switch, frog, and guard rail shall be kept free of obstructions that may interfere with the passage of wheels. (b) Classes 3 through 5 track shall be equipped with rail anchoring through and on each side of track crossings and turnouts, to restrain rail movement affecting the position of switch points and frogs. For Class 3 track, this paragraph (b) is applicable September 21, 1999.) (c) Each flangeway at turnouts and track crossings shall be at least 1 1/2 inches wide. | |||||
| 49:49:4.1.1.1.8.4.5.14 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.135 Switches. | FRA | (a) Each stock rail must be securely seated in switch plates, but care shall be used to avoid canting the rail by overtightening the rail braces. (b) Each switch point shall fit its stock rail properly, with the switch stand in either of its closed positions to allow wheels to pass the switch point. Lateral and vertical movement of a stock rail in the switch plates or of a switch plate on a tie shall not adversely affect the fit of the switch point to the stock rail. Broken or cracked switch point rails will be subject to the requirements of § 213.113, except that where remedial actions C, D, or E require the use of joint bars, and joint bars cannot be placed due to the physical configuration of the switch, remedial action B will govern, taking into account any added safety provided by the presence of reinforcing bars on the switch points. (c) Each switch shall be maintained so that the outer edge of the wheel tread cannot contact the gage side of the stock rail. (d) The heel of each switch rail shall be secure and the bolts in each heel shall be kept tight. (e) Each switch stand and connecting rod shall be securely fastened and operable without excessive lost motion. (f) Each throw lever shall be maintained so that it cannot be operated with the lock or keeper in place. (g) Each switch position indicator shall be clearly visible at all times. (h) Unusually chipped or worn switch points shall be repaired or replaced. Metal flow shall be removed to insure proper closure. (i) Tongue & Plain Mate switches, which by design exceed Class 1 and excepted track maximum gage limits, are permitted in Class 1 and excepted track. | |||||
| 49:49:4.1.1.1.8.4.5.15 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.137 Frogs. | FRA | [63 FR 34029, June 22, 1998, as amended at 85 FR 63388, Oct. 7, 2020] | (a) Except as provided in paragraph (e) of this section, the flangeway depth measured from a plane across the wheel-bearing area of a frog on Class 1 track shall not be less than 1 3/8 inches, or less than 1 1/2 inches on Classes 2 through 5 track. (b) If a frog point is chipped, broken, or worn more than five-eighths inch down and 6 inches back, operating speed over the frog shall not be more than 10 m.p.h. (c) If the tread portion of a frog casting is worn down more than three-eighths inch below the original contour, operating speed over that frog shall not be more than 10 m.p.h. (d) Where frogs are designed as flange-bearing, flangeway depth may be less than that shown for Class 1 if operated at Class 1 speeds. (e) The flange depth requirements in paragraph (a) do not apply to a frog designed as a flange-bearing frog (FBF) used in a crossing diamond in Classes 2 through 5 track, provided that the crossing angle is greater than 20 degrees unless movable guard rails are used. | ||||
| 49:49:4.1.1.1.8.4.5.16 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.139 Spring rail frogs. | FRA | (a) The outer edge of a wheel tread shall not contact the gage side of a spring wing rail. (b) The toe of each wing rail shall be solidly tamped and fully and tightly bolted. (c) Each frog with a bolt hole defect or head-web separation shall be replaced. (d) Each spring shall have compression sufficient to hold the wing rail against the point rail. (e) The clearance between the holddown housing and the horn shall not be more than one-fourth of an inch. | |||||
| 49:49:4.1.1.1.8.4.5.17 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.141 Self-guarded frogs. | FRA | (a) The raised guard on a self-guarded frog shall not be worn more than three-eighths of an inch. (b) If repairs are made to a self-guarded frog without removing it from service, the guarding face shall be restored before rebuilding the point. | |||||
| 49:49:4.1.1.1.8.4.5.18 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.143 Frog guard rails and guard faces; gage. | FRA | [85 FR 63388, Oct. 7, 2020] | (a) The guard check and guard face gages in frogs shall be within the following limits— Table 1 to § 213.143( a ) 1 A line along that side of the flangeway which is nearer to the center of the track and at the same elevation as the gage line. 2 A line five-eighths of an inch below the top of the center line of the head of the running rail, or corresponding location of the tread portion of the track structure. 3 See paragraph (b) of this section. (b) For any heavy-point frog (HPF) on Class 5 track, the guard check gage may be less than 4′6 1/2 ″ but not be less than 4′6 3/8 ″, provided that: (1) Each HPF and guard rails on both rails through the turnout are equipped with at least three serviceable through-gage plates with elastic rail fasteners and guard rail braces that permit adjustment of the guard check gage without removing spikes or other fasteners from the crossties; and (2) Each HPF bears an identifying mark applied by either the track owner, railroad, or the frog manufacturer that identifies the frog as an HPF. | ||||
| 49:49:4.1.1.1.8.4.5.2 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.103 Ballast; general. | FRA | Unless it is otherwise structurally supported, all track shall be supported by material which will— (a) Transmit and distribute the load of the track and railroad rolling equipment to the subgrade; (b) Restrain the track laterally, longitudinally, and vertically under dynamic loads imposed by railroad rolling equipment and thermal stress exerted by the rails; (c) Provide adequate drainage for the track; and (d) Maintain proper track crosslevel, surface, and alinement. | |||||
| 49:49:4.1.1.1.8.4.5.3 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.109 Crossties. | FRA | [76 FR 18084, Apr. 1, 2011] | (a) Crossties shall be made of a material to which rail can be securely fastened. (b) Each 39-foot segment of track shall have at a minimum— (1) A sufficient number of crossties that in combination provide effective support that will— (i) Hold gage within the limits prescribed in § 213.53(b); (ii) Maintain surface within the limits prescribed in § 213.63; and (iii) Maintain alinement within the limits prescribed in § 213.55; (2) The minimum number and type of crossties specified in paragraph (b)(4) of this section and described in paragraph (c) or (d), as applicable, of this section effectively distributed to support the entire segment; (3) At least one non-defective crosstie of the type specified in paragraphs (c) and (d) of this section that is located at a joint location as specified in paragraph (e) of this section; and (4) The minimum number of crossties as indicated in the following table. (c) Crossties, other than concrete, counted to satisfy the requirements set forth in paragraph (b)(4) of this section shall not be— (1) Broken through; (2) Split or otherwise impaired to the extent the crosstie will allow the ballast to work through, or will not hold spikes or rail fasteners; (3) So deteriorated that the crosstie plate or base of rail can move laterally 1/2 inch relative to the crosstie; or (4) Cut by the crosstie plate through more than 40 percent of a crosstie's thickness. (d) Concrete crossties counted to satisfy the requirements set forth in paragraph (b)(4) of this section shall not be— (1) Broken through or deteriorated to the extent that prestressing material is visible; (2) Deteriorated or broken off in the vicinity of the shoulder or insert so that the fastener assembly can either pull out or move laterally more than 3/8 inch relative to the crosstie; (3) Deteriorated such that the base of either rail can move laterally more than 3/8 inch relative to the crosstie on curves of 2 degrees or greater; or can move laterally more than 1/2 inch relative to the crosstie on ta… | ||||
| 49:49:4.1.1.1.8.4.5.4 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.110 Gage restraint measurement systems. | FRA | [66 FR 1899, Jan. 10, 2001; 66 FR 8372, Jan. 31, 2001, as amended at 78 FR 16102, Mar. 13, 2013; 90 FR 28136, July 1, 2025] | (a) A track owner may elect to implement a Gage Restraint Measurement System (GRMS), supplemented by the use of a Portable Track Loading Fixture (PTLF), to determine compliance with the crosstie and fastener requirements specified in §§ 213.109 and 213.127 provided that— (1) The track owner notifies FRA's Track and Structures Division at least 30 days prior to the designation of any line segment on which GRMS technology will be implemented; and (2) The track owner notifies FRA's Track and Structures Division at least 10 days prior to the removal of any line segment from GRMS designation. (b) Initial notification under paragraph (a)(1) of this section shall include— (1) Identification of the line segment(s) by timetable designation, milepost limits, class of track, or other identifying criteria; and (2) The most recent record of million gross tons of traffic per year over the identified segment(s). (c)(1) The track owner shall also provide to FRA sufficient technical data to establish compliance with the following minimum design requirements of a GRMS vehicle: (2) Gage restraint shall be measured between the heads of rail— (i) At an interval not exceeding 16 inches; (ii) Under an applied vertical load of no less than 10 kips per rail; and (iii) Under an applied lateral load that provides for a lateral/vertical load ratio of between 0.5 and 1.25 5 , and a load severity greater than 3 kips but less than 8 kips per rail. 5 GRMS equipment using load combinations developing L/V ratios that exceed 0.8 shall be operated with caution to protect against the risk of wheel climb by the test wheelset. (d) Load severity is defined by the formula: S = L−cV Where— S = Load severity, defined as the lateral load applied to the fastener system (kips). L = Actual lateral load applied (kips). c = Coefficient of friction between rail/tie, which is assigned a nominal value of 0.4. V = Actual vertical load applied (kips), or static vertical wheel load if vertical load is not measured. Where— S = Load se… | ||||
| 49:49:4.1.1.1.8.4.5.5 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.113 Defective rails. | FRA | [79 FR 4256, Jan. 24, 2014; 79 FR 4633, Jan. 29, 2014, as amended at 85 FR 63388, Oct. 7, 2020] | (a) When an owner of track learns that a rail in the track contains any of the defects listed in the table contained in paragraph (c) of this section, a person designated under § 213.7 shall determine whether the track may continue in use. If the designated person determines that the track may continue in use, operation over the defective rail is not permitted until— (1) The rail is replaced or repaired; or (2) The remedial action prescribed in the table contained in paragraph (c) of this section is initiated. (b) When an owner of track learns that a rail in the track contains an indication of any of the defects listed in the table contained in paragraph (c) of this section, the track owner shall verify the indication. Except as provided in § 213.240, the track owner must verify the indication within four hours, unless the track owner has an indication of the existence of a defect that requires remedial action A, A2, or B identified in the table contained in paragraph (c) of this section, in which case the track owner must immediately verify the indication. If the indication is verified, the track owner must— (1) Replace or repair the rail; or (2) Initiate the remedial action prescribed in the table contained in paragraph (c) of this section. (c) A track owner who learns that a rail contains one of the following defects shall prescribe the remedial action specified if the rail is not replaced or repaired, in accordance with this paragraph's table: (d) As used in this section— (1) Bolt hole crack means a crack across the web, originating from a bolt hole, and progressing on a path either inclined upward toward the rail head or inclined downward toward the base. Fully developed bolt hole cracks may continue horizontally along the head/web or base/web fillet, or they may progress into and through the head or base to separate a piece of the rail end from the rail. Multiple cracks occurring in one rail end are considered to be a single defect. However, bolt hole cracks occurring in adjacent rail ends within … | ||||
| 49:49:4.1.1.1.8.4.5.6 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.115 Rail end mismatch. | FRA | Any mismatch of rails at joints may not be more than that prescribed by the following table— | |||||
| 49:49:4.1.1.1.8.4.5.7 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.118 Continuous welded rail (CWR); plan review and approval. | FRA | [74 FR 43002, Aug. 25, 2009] | (a) Each track owner with track constructed of CWR shall have in effect and comply with a plan that contains written procedures which address: the installation, adjustment, maintenance, and inspection of CWR; inspection of CWR joints; and a training program for the application of those procedures. (b) The track owner shall file its CWR plan with the FRA Associate Administrator for Railroad Safety/Chief Safety Officer (Associate Administrator). Within 30 days of receipt of the submission, FRA will review the plan for compliance with this subpart. FRA will approve, disapprove or conditionally approve the submitted plan, and will provide written notice of its determination. (c) The track owner's existing plan shall remain in effect until the track owner's new plan is approved or conditionally approved and is effective pursuant to paragraph (d) of this section. (d) The track owner shall, upon receipt of FRA's approval or conditional approval, establish the plan's effective date. The track owner shall advise in writing FRA and all affected employees of the effective date. (e) FRA, for cause stated, may, subsequent to plan approval or conditional approval, require revisions to the plan to bring the plan into conformity with this subpart. Notice of a revision requirement shall be made in writing and specify the basis of FRA's requirement. The track owner may, within 30 days of the revision requirement, respond and provide written submissions in support of the original plan. FRA renders a final decision in writing. Not more than 30 days following any final decision requiring revisions to a CWR plan, the track owner shall amend the plan in accordance with FRA's decision and resubmit the conforming plan. The conforming plan becomes effective upon its submission to FRA. | ||||
| 49:49:4.1.1.1.8.4.5.8 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.119 Continuous welded rail (CWR); plan contents. | FRA | [74 FR 43002, Aug. 25, 2009, as amended at 74 FR 53889, Oct. 21, 2009; 75 FR 4705, Jan. 29, 2010; 79 FR 4258, Jan. 24, 2014] | The track owner shall comply with the contents of the CWR plan approved or conditionally approved under § 213.118. The plan shall contain the following elements— (a) Procedures for the installation and adjustment of CWR which include— (1) Designation of a desired rail installation temperature range for the geographic area in which the CWR is located; and (2) De-stressing procedures/methods which address proper attainment of the desired rail installation temperature range when adjusting CWR. (b) Rail anchoring or fastening requirements that will provide sufficient restraint to limit longitudinal rail and crosstie movement to the extent practical, and specifically addressing CWR rail anchoring or fastening patterns on bridges, bridge approaches, and at other locations where possible longitudinal rail and crosstie movement associated with normally expected train-induced forces, is restricted. (c) CWR joint installation and maintenance procedures which require that— (1) Each rail shall be bolted with at least two bolts at each CWR joint; (2) In the case of a bolted joint installed during CWR installation after October 21, 2009, the track owner shall either, within 60 days— (i) Weld the joint; (ii) Install a joint with six bolts; or (iii) Anchor every tie 195 feet in both directions from the joint; and (3) In the case of a bolted joint in CWR experiencing service failure or a failed bar with a rail gap present, the track owner shall either— (i) Weld the joint; (ii) Replace the broken bar(s), replace the broken bolts, adjust the anchors and, within 30 days, weld the joint; (iii) Replace the broken bar(s), replace the broken bolts, install one additional bolt per rail end, and adjust anchors; (iv) Replace the broken bar(s), replace the broken bolts, and anchor every tie 195 feet in both directions from the CWR joint; or (v) Replace the broken bar(s), replace the broken bolts, add rail with provisions for later adjustment pursuant to paragraph (d)(2) of this section, and reapply the anchors. (d) Procedur… | ||||
| 49:49:4.1.1.1.8.4.5.9 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | D | Subpart D—Track Structure | § 213.121 Rail joints. | FRA | (a) Each rail joint, insulated joint, and compromise joint shall be of a structurally sound design and dimensions for the rail on which it is applied. (b) If a joint bar on Classes 3 through 5 track is cracked, broken, or because of wear allows excessive vertical movement of either rail when all bolts are tight, it shall be replaced. (c) If a joint bar is cracked or broken between the middle two bolt holes it shall be replaced. (d) In the case of conventional jointed track, each rail shall be bolted with at least two bolts at each joint in Classes 2 through 5 track, and with at least one bolt in Class 1 track. (e) In the case of continuous welded rail track, each rail shall be bolted with at least two bolts at each joint. (f) Each joint bar shall be held in position by track bolts tightened to allow the joint bar to firmly support the abutting rail ends and to allow longitudinal movement of the rail in the joint to accommodate expansion and contraction due to temperature variations. When no-slip, joint-to-rail contact exists by design, the requirements of this paragraph do not apply. Those locations when over 400 feet in length, are considered to be continuous welded rail track and shall meet all the requirements for continuous welded rail track prescribed in this part. (g) No rail shall have a bolt hole which is torch cut or burned in Classes 2 through 5 track. For Class 2 track, this paragraph (g) is applicable September 21, 1999. (h) No joint bar shall be reconfigured by torch cutting in Classes 3 through 5 track. | |||||
| 49:49:4.1.1.1.8.5.5.1 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | E | Subpart E—Track Appliances and Track-Related Devices | § 213.201 Scope. | FRA | This subpart prescribes minimum requirements for certain track appliances and track-related devices. | |||||
| 49:49:4.1.1.1.8.5.5.2 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | E | Subpart E—Track Appliances and Track-Related Devices | § 213.205 Derails. | FRA | (a) Each derail shall be clearly visible. (b) When in a locked position, a derail shall be free of lost motion which would prevent it from performing its intended function. (c) Each derail shall be maintained to function as intended. (d) Each derail shall be properly installed for the rail to which it is applied. (This paragraph (d) is applicable September 21, 1999.) | |||||
| 49:49:4.1.1.1.8.6.5.1 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | F | Subpart F—Inspection | § 213.231 Scope. | FRA | This subpart prescribes requirements for the frequency and manner of inspecting track to detect deviations from the standards prescribed in this part. | |||||
| 49:49:4.1.1.1.8.6.5.2 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | F | Subpart F—Inspection | § 213.233 Visual track inspections. | FRA | [63 FR 34029, June 22, 1998, as amended at 85 FR 63389, Oct. 7, 2020] | (a) All track shall be inspected in accordance with the schedule prescribed in paragraph (c) of this section by a person designated under § 213.7. (b) Each inspection shall be made on foot or by traversing the track in a vehicle at a speed that allows the person making the inspection to visually inspect the track structure for compliance with this part. However, mechanical, electrical, and other track inspection devices may be used to supplement visual inspection. If a vehicle is used for visual inspection, the speed of the vehicle may not be more than 5 m.p.h. when traversing track crossings and turnouts; otherwise, the inspection vehicle speed shall be at the sole discretion of the inspector, based on track conditions and inspection requirements. When traversing the track in a vehicle, the inspection will be subject to the following conditions— (1) One inspector in a vehicle may inspect up to two tracks at one time provided that the inspector's visibility remains unobstructed by any cause and that the second track is not centered more than 30 feet from the track the inspector traverses; (2) Two inspectors in one vehicle may inspect up to four tracks at a time provided that the inspectors' visibility remains unobstructed by any cause and that each track being inspected is centered within 39 feet from the track the inspectors traverse; (3) Each main track must be traversed by the vehicle or inspected on foot at least once every two weeks, and each siding must be traversed by the vehicle or inspected on foot at least once every month; and (4) Track inspection records shall indicate which track(s) are traversed by the vehicle or inspected on foot as outlined in paragraph (b)(3) of this section. (c) Each track inspection shall be made in accordance with the following schedule— 1 An inspection week is defined as a seven (7) day period beginning on Sunday and ending on Saturday. 2 “Twice weekly” inspection requirement for track carrying regularly scheduled passenger trains does not apply where passengers tra… | ||||
| 49:49:4.1.1.1.8.6.5.3 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | F | Subpart F—Inspection | § 213.234 Automated inspection of track constructed with concrete crossties. | FRA | [76 FR 18086, Apr. 1, 2011, as amended at 76 FR 55825, Sept. 9, 2011] | (a) General. Except for track described in paragraph (c) of this section, the provisions in this section are applicable on and after July 1, 2012. In addition to the track inspection required under § 213.233, for Class 3 main track constructed with concrete crossties over which regularly scheduled passenger service trains operate, and for Class 4 and 5 main track constructed with concrete crossties, automated inspection technology shall be used as indicated in paragraph (b) of this section, as a supplement to visual inspection, by Class I railroads (including Amtrak), Class II railroads, other intercity passenger railroads, and commuter railroads or small governmental jurisdictions that serve populations greater than 50,000. Automated inspection shall identify and report exceptions to conditions described in § 213.109(d)(4). (b) Frequency of automated inspections. Automated inspections shall be conducted at the following frequencies: (1) If annual tonnage on Class 4 and 5 main track and Class 3 main track with regularly scheduled passenger service, exceeds 40 million gross tons (mgt) annually, at least twice each calendar year, with no less than 160 days between inspections. (2) If annual tonnage on Class 4 and 5 main track and Class 3 main track with regularly scheduled passenger service is equal to or less than 40 mgt annually, at least once each calendar year. (3) On Class 3, 4, and 5 main track with exclusively passenger service, either an automated inspection or walking inspection must be conducted once per calendar year. (4) Track not inspected in accordance with paragraph (b)(1) or (b)(2) of this section because of train operation interruption shall be reinspected within 45 days of the resumption of train operations by a walking or automated inspection. If this inspection is conducted as a walking inspection, the next inspection shall be an automated inspection as prescribed in this paragraph. (c) Nonapplication. Sections of tangent track 600 feet or less constructed of concrete crossties, incl… | ||||
| 49:49:4.1.1.1.8.6.5.4 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | F | Subpart F—Inspection | § 213.235 Inspection of switches, track crossings, and lift rail assemblies or other transition devices on moveable bridges. | FRA | (a) Except as provided in paragraph (c) of this section, each switch, turnout, track crossing, and moveable bridge lift rail assembly or other transition device shall be inspected on foot at least monthly. (b) Each switch in Classes 3 through 5 track that is held in position only by the operating mechanism and one connecting rod shall be operated to all of its positions during one inspection in every 3 month period. (c) In the case of track that is used less than once a month, each switch, turnout, track crossing, and moveable bridge lift rail assembly or other transition device shall be inspected on foot before it is used. | |||||
| 49:49:4.1.1.1.8.6.5.5 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | F | Subpart F—Inspection | § 213.237 Inspection of rail. | FRA | [79 FR 4258, Jan. 24, 2014] | (a) In addition to the inspections required by § 213.233, each track owner shall conduct internal rail inspections sufficient to maintain service failure rates per rail inspection segment in accordance with this paragraph (a) for a 12-month period, as determined by the track owner and calculated within 45 days of the end of the period. These rates shall not include service failures that occur in rail that has been replaced through rail relay since the time of the service failure. Rail used to repair a service failure defect is not considered relayed rail. The service failure rates shall not exceed— (1) 0.1 service failure per year per mile of track for all Class 4 and 5 track; (2) 0.09 service failure per year per mile of track for all Class 3, 4, and 5 track that carries regularly-scheduled passenger trains or is a hazardous materials route; and (3) 0.08 service failure per year per mile of track for all Class 3, 4, and 5 track that carries regularly-scheduled passenger trains and is a hazardous materials route. (b) Each rail inspection segment shall be designated by the track owner no later than March 25, 2014 for track that is Class 4 or 5 track, or Class 3 track that carries regularly-scheduled passenger trains or is a hazardous materials route and is used to determine the milepost limits for the individual rail inspection frequency. (1) To change the designation of a rail inspection segment or to establish a new segment pursuant to this section, a track owner must submit a detailed request to the FRA Associate Administrator for Railroad Safety/Chief Safety Officer (Associate Administrator). Within 30 days of receipt of the submission, FRA will review the request. FRA will approve, disapprove, or conditionally approve the submitted request, and will provide written notice of its determination. (2) The track owner's existing designation shall remain in effect until the track owner's new designation is approved or conditionally approved by FRA. (3) The track owner shall, upon receipt of FRA's approval or… | ||||
| 49:49:4.1.1.1.8.6.5.6 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | F | Subpart F—Inspection | § 213.238 Qualified operator. | FRA | [79 FR 4259, Jan. 24, 2014] | (a) Each provider of rail flaw detection shall have a documented training program in place and shall identify the types of rail flaw detection equipment for which each equipment operator it employs has received training and is qualified. A provider of rail flaw detection may be the track owner. A track owner shall not utilize a provider of rail flaw detection that fails to comply with the requirements of this paragraph. (b) A qualified operator shall be trained and have written authorization from his or her employer to: (1) Conduct a valid search for internal rail defects utilizing the specific type(s) of equipment for which he or she is authorized and qualified to operate; (2) Determine that such equipment is performing as intended; (3) Interpret equipment responses and institute appropriate action in accordance with the employer's procedures and instructions; and (4) Determine that each valid search for an internal rail defect is continuous throughout the area inspected and has not been compromised due to environmental contamination, rail conditions, or equipment malfunction. (c) To be qualified, the operator must have received training in accordance with the documented training program and a minimum of 160 hours of rail flaw detection experience under direct supervision of a qualified operator or rail flaw detection equipment manufacturer's representative, or some combination of both. The operator must demonstrate proficiency in the rail defect detection process, including the equipment to be utilized, prior to initial qualification and authorization by the employer for each type of equipment. (d) Each employer shall reevaluate the qualifications of, and administer any necessary recurrent training for, the operator as determined by and in accordance with the employer's documented program. The reevaluation process shall require that the employee successfully complete a recorded examination and demonstrate proficiency to the employer on the specific equipment type(s) to be operated. Proficiency may be det… | ||||
| 49:49:4.1.1.1.8.6.5.7 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | F | Subpart F—Inspection | § 213.239 Special inspections. | FRA | In the event of fire, flood, severe storm, or other occurrence which might have damaged track structure, a special inspection shall be made of the track involved as soon as possible after the occurrence and, if possible, before the operation of any train over that track. | |||||
| 49:49:4.1.1.1.8.6.5.8 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | F | Subpart F—Inspection | § 213.240 Continuous rail testing. | FRA | [85 FR 63389, Oct. 7, 2020] | (a) Track owners may elect to use continuous rail testing to satisfy the requirements for conducting internal rail inspections under § 213.237 or § 213.339. When a track owner utilizes the continuous rail test inspection process under the requirements of this section, the track owner is exempt from the requirements of § 213.113(b); all other requirements of § 213.113 apply. (b) Track owners shall adopt the necessary procedures for conducting continuous testing. At a minimum, the procedures must conform to the requirements of this section and ensure the following: (1) Test data is timely and accurately transmitted and analyzed; (2) Suspect locations are accurately identified for field verification; (3) Suspect locations are categorized and prioritized according to their potential severity; (4) Suspect locations are accurately field-verified; and (5) Suspect locations will be designated following field verification. (c) The track owner must designate and record the type of rail test (continuous or stop-and-verify) to be conducted prior to commencing the test over a track segment and make those records available to FRA upon request during regular business hours following reasonable notice. If the type of rail test changes following commencement of the test, the change must be documented and include the time the test was started and when it was changed, and the milepost where the test started and where it was changed. If the track owner intends to conduct a continuous test, the track owner must designate and record whether the test is being conducted to satisfy the requirements for an internal rail inspection under § 213.237 or § 213.339. This documentation must be provided to FRA upon request during regular business hours following reasonable notice. (d)(1) Continuous rail test inspection vehicle operators must be qualified under § 213.238, with the exception of § 213.238(b)(3). (2) Internal rail inspection data collected during continuous rail tests must be reviewed and interpreted by a person qualified to… | ||||
| 49:49:4.1.1.1.8.6.5.9 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | F | Subpart F—Inspection | § 213.241 Inspection records. | FRA | [63 FR 34029, June 22, 1998, as amended at 70 FR 66298, Nov. 2, 2005; 79 FR 4259, Jan. 24, 2014; 85 FR 63390, Oct. 7, 2020] | (a) Each owner of track to which this part applies shall keep a record of each inspection required to be performed on that track under this subpart. (b) Each record of an inspection under §§ 213.4, 213.119, 213.233, and 213.235 shall be prepared on the day the inspection is made and signed or otherwise certified by the person making the inspection. Records shall specify the author of the record, the type of track inspected, date and location of inspection, location and nature of any deviation from the requirements of this part, and the remedial action taken by the person making the inspection. The track owner shall designate the location(s) where each original record shall be maintained for at least one year after the inspection covered by the record. The track owner shall also designate one location, within 100 miles of each State in which it conducts operations, where copies of records that apply to those operations are maintained or can be viewed following 10 days' notice by the Federal Railroad Administration. (c) Records of internal rail inspections required by § 213.237 shall specify the— (1) Date of inspection; (2) Track inspected, including beginning and end points; (3) Location and type of defects found under § 213.113; (4) Size of defects found under § 213.113, if not removed prior to the next train movement; (5) Initial remedial action taken and the date thereof; and (6) Location of any track not tested pursuant to § 213.237(g). (d) The track owner shall retain a rail inspection record under paragraph (c) of this section for at least two years after the inspection and for one year after initial remedial action is taken. (e) The track owner shall maintain records sufficient to demonstrate the means by which it computes the service failure rate on all track segments subject to the requirements of § 213.237(a) for the purpose of determining compliance with the applicable service failure rate target. (f) Records of continuous rail testing under § 213.240 shall— (1) Include all information requi… | ||||
| 49:49:4.1.1.1.8.7.5.1 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.301 Scope of subpart. | FRA | This subpart applies to all track used for the operation of trains at a speed greater than 90 m.p.h. for passenger equipment and greater than 80 m.p.h. for freight equipment. | |||||
| 49:49:4.1.1.1.8.7.5.10 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.321 Vegetation. | FRA | Vegetation on railroad property which is on or immediately adjacent to roadbed shall be controlled so that it does not— (a) Become a fire hazard to track-carrying structures; (b) Obstruct visibility of railroad signs and signals: (1) Along the right of way, and (2) At highway-rail crossings; (c) Interfere with railroad employees performing normal trackside duties; (d) Prevent proper functioning of signal and communication lines; or (e) Prevent railroad employees from visually inspecting moving equipment from their normal duty stations. | |||||
| 49:49:4.1.1.1.8.7.5.11 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.323 Track gage. | FRA | [63 FR 34029, June 22, 1998, as amended at 78 FR 16104, Mar. 13, 2013] | (a) Gage is measured between the heads of the rails at right-angles to the rails in a plane five-eighths of an inch below the top of the rail head. (b) Gage shall be within the limits prescribed in the following table: | ||||
| 49:49:4.1.1.1.8.7.5.12 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.327 Track alinement. | FRA | [78 FR 16104, Mar. 13, 2013] | (a) Uniformity at any point along the track is established by averaging the measured mid-chord offset values for nine consecutive points that are centered around that point and spaced according to the following table: (b) Except as provided in paragraph (c) of this section, a single alinement deviation from uniformity may not be more than the amount prescribed in the following table: (c) For operations at a qualified cant deficiency, E u , of more than 5 inches, a single alinement deviation from uniformity of the outside rail of the curve may not be more than the amount prescribed in the following table: (d) For three or more non-overlapping deviations from uniformity in track alinement occurring within a distance equal to five times the specified chord length, each of which exceeds the limits in the following table, each track owner shall maintain the alinement of the track within the limits prescribed for each deviation: (e) For purposes of complying with this section, the ends of the chord shall be at points on the gage side of the rail, five-eighths of an inch below the top of the railhead. On tangent track, either rail may be used as the line rail; however, the same rail shall be used for the full length of that tangential segment of the track. On curved track, the line rail is the outside rail of the curve. | ||||
| 49:49:4.1.1.1.8.7.5.13 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.329 Curves; elevation and speed limitations. | FRA | [78 FR 16105, Mar. 13, 2013] | (a) The maximum elevation of the outside rail of a curve may not be more than 7 inches. The outside rail of a curve may not be lower than the inside rail by design, except when engineered to address specific track or operating conditions; the limits in § 213.331 apply in all cases. (b) The maximum allowable posted timetable operating speed for each curve is determined by the following formula: Where— V max = Maximum allowable posted timetable operating speed (m.p.h.). E a = Actual elevation of the outside rail (inches). 6 6 Actual elevation, E a , for each 155-foot track segment in the body of the curve is determined by averaging the elevation for 11 points through the segment at 15.5-foot spacing. If the curve length is less than 155 feet, the points are averaged through the full length of the body of the curve. E u = Qualified cant deficiency 7 (inches) of the vehicle type. 7 If the actual elevation, E a , and degree of curvature, D, change as a result of track degradation, then the actual cant deficiency for the maximum allowable posted timetable operating speed, V max , may be greater than the qualified cant deficiency, E u . This actual cant deficiency for each curve may not exceed the qualified cant deficiency, E u , plus one-half inch. D = Degree of curvature (degrees). 8 8 Degree of curvature, D, is determined by averaging the degree of curvature over the same track segment as the elevation. Where— V max = Maximum allowable posted timetable operating speed (m.p.h.). E a = Actual elevation of the outside rail (inches). 6 6 Actual elevation, E a , for each 155-foot track segment in the body of the curve is determined by averaging the elevation for 11 points through the segment at 15.5-foot spacing. If the curve length is less than 155 feet, the points are averaged through the full length of the body of the curve. E u = Qualified cant deficiency 7 (inches) of the vehicle type. 7 If the actual elevation, E a , and degree of curvature, D,… | ||||
| 49:49:4.1.1.1.8.7.5.14 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.331 Track surface. | FRA | [78 FR 16106, Mar. 13, 2013] | (a) For a single deviation in track surface, each track owner shall maintain the surface of its track within the limits prescribed in the following table: 1 Uniformity for profile is established by placing the midpoint of the specified chord at the point of maximum measurement. 2 If physical conditions do not permit a spiral long enough to accommodate the minimum length of runoff, part of the runoff may be on tangent track. 3 However, to control harmonics on jointed track with staggered joints, the crosslevel differences shall not exceed 1 inch in all of six consecutive pairs of joints, as created by seven low joints. Track with joints staggered less than 10 feet apart shall not be considered as having staggered joints. Joints within the seven low joints outside of the regular joint spacing shall not be considered as joints for purposes of this footnote. (b) For operations at a qualified cant deficiency, E u , of more than 5 inches, a single deviation in track surface shall be within the limits prescribed in the following table: 1 For curves with a qualified cant deficiency, E u , of more than 7 inches, the difference in crosslevel between any two points less than 10 feet apart (short warp) may not be more than three-quarters of an inch. (c) For three or more non-overlapping deviations in track surface occurring within a distance equal to five times the specified chord length, each of which exceeds the limits in the following table, each track owner shall maintain the surface of the track within the limits prescribed for each deviation: | ||||
| 49:49:4.1.1.1.8.7.5.15 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.332 Combined track alinement and surface deviations. | FRA | [78 FR 16107, Mar. 13, 2013] | (a) This section applies to any curved track where operations are conducted at a qualified cant deficiency, E u , greater than 5 inches, and to all Class 9 track, either curved or tangent. (b) For the conditions defined in paragraph (a) of this section, the combination of alinement and surface deviations for the same chord length on the outside rail in a curve and on any of the two rails of a tangent section, as measured by a TGMS, shall comply with the following formula: Where— A m = measured alinement deviation from uniformity (outward is positive, inward is negative). A L = allowable alinement limit as per § 213.327(c) (always positive) for the class of track. S m = measured profile deviation from uniformity (down is positive, up is negative). S L = allowable profile limit as per § 213.331(a) and § 213.331(b) (always positive) for the class of track. Where— A m = measured alinement deviation from uniformity (outward is positive, inward is negative). A L = allowable alinement limit as per § 213.327(c) (always positive) for the class of track. S m = measured profile deviation from uniformity (down is positive, up is negative). S L = allowable profile limit as per § 213.331(a) and § 213.331(b) (always positive) for the class of track. | ||||
| 49:49:4.1.1.1.8.7.5.16 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.333 Automated vehicle-based inspection systems. | FRA | [63 FR 34029, June 22, 1998; 63 FR 46102, Aug. 28, 1998, as amended at 78 FR 16107, Mar. 13, 2013] | (a) A qualifying Track Geometry Measurement System (TGMS) shall be operated at the following frequency: (1) For operations at a qualified cant deficiency, E u , of more than 5 inches on track Classes 1 through 5, at least twice per calendar year with not less than 120 days between inspections. (2) For track Class 6, at least once per calendar year with not less than 170 days between inspections. For operations at a qualified cant deficiency, E u , of more than 5 inches on track Class 6, at least twice per calendar year with not less than 120 days between inspections. (3) For track Class 7, at least twice within any 120-day period with not less than 25 days between inspections. (4) For track Classes 8 and 9, at least twice within any 60-day period with not less than 12 days between inspections. (b) A qualifying TGMS shall meet or exceed minimum design requirements which specify that— (1) Track geometry measurements shall be taken no more than 3 feet away from the contact point of wheels carrying a vertical load of no less than 10 kips per wheel, unless otherwise approved by FRA; (2) Track geometry measurements shall be taken and recorded on a distance-based sampling interval preferably at 1 foot not exceeding 2 feet; and (3) Calibration procedures and parameters are assigned to the system which assure that measured and recorded values accurately represent track conditions. Track geometry measurements recorded by the system shall not differ on repeated runs at the same site at the same speed more than 1/8 inch. (c) A qualifying TGMS shall be capable of measuring and processing the necessary track geometry parameters to determine compliance with— (1) For operations at a qualified cant deficiency, E u , of more than 5 inches on track Classes 1 through 5: § 213.53, Track gage; § 213.55(b), Track alinement; § 213.57, Curves; elevation and speed limitations; § 213.63, Track surface; and § 213.65, Combined track alinement and surface deviations. (2) For track Classes 6 through 9: § 213.323, Track gage; § 21… | ||||
| 49:49:4.1.1.1.8.7.5.17 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.334 Ballast; general. | FRA | Unless it is otherwise structurally supported, all track shall be supported by material which will— (a) Transmit and distribute the load of the track and railroad rolling equipment to the subgrade; (b) Restrain the track laterally, longitudinally, and vertically under dynamic loads imposed by railroad rolling equipment and thermal stress exerted by the rails; (c) Provide adequate drainage for the track; and (d) Maintain proper track crosslevel, surface, and alinement. | |||||
| 49:49:4.1.1.1.8.7.5.18 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.335 Crossties. | FRA | (a) Crossties shall be made of a material to which rail can be securely fastened. (b) Each 39 foot segment of track shall have— (1) A sufficient number of crossties which in combination provide effective support that will— (i) Hold gage within the limits prescribed in § 213.323(b); (ii) Maintain surface within the limits prescribed in § 213.331; and (iii) Maintain alinement within the limits prescribed in § 213.327. (2) The minimum number and type of crossties specified in paragraph (c) of this section effectively distributed to support the entire segment; and (3) Crossties of the type specified in paragraph (c) of this section that are(is) located at a joint location as specified in paragraph (e) of this section. (c) For non-concrete tie construction, each 39 foot segment of Class 6 track shall have fourteen crossties; Classes 7, 8 and 9 shall have 18 crossties which are not— (1) Broken through; (2) Split or otherwise impaired to the extent the crossties will allow the ballast to work through, or will not hold spikes or rail fasteners; (3) So deteriorated that the tie plate or base of rail can move laterally 3/8 inch relative to the crossties; (4) Cut by the tie plate through more than 40 percent of a crosstie's thickness; (5) Configured with less than 2 rail holding spikes or fasteners per tie plate; or (6) So unable, due to insufficient fastener toeload, to maintain longitudinal restraint and maintain rail hold down and gage. (d) For concrete tie construction, each 39 foot segment of Class 6 track shall have fourteen crossties, Classes 7, 8 and 9 shall have 16 crossties which are not— (1) So deteriorated that the prestress strands are ineffective or withdrawn into the tie at one end and the tie exhibits structural cracks in the rail seat or in the gage of track; (2) Configured with less than 2 fasteners on the same rail; (3) So deteriorated in the vicinity of the rail fastener such that the fastener assembly may pull out or move laterally more than 3/8 inch relative to the crosstie; (4… | |||||
| 49:49:4.1.1.1.8.7.5.19 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.337 Defective rails. | FRA | [63 FR 34029, June 22, 1998; 63 FR 51638, Sept. 28, 1998] | (a) When an owner of track to which this part applies learns, through inspection or otherwise, that a rail in that track contains any of the defects listed in the following table, a person designated under § 213.305 shall determine whether or not the track may continue in use. If the person determines that the track may continue in use, operation over the defective rail is not permitted until— (1) The rail is replaced; or (2) The remedial action prescribed in the table is initiated— A. Assign person designated under § 213.305 to visually supervise each operation over defective rail. A2. Assign person designated under § 213.305 to make visual inspection. That person may authorize operation to continue without visual supervision at a maximum of 10 m.p.h. for up to 24 hours prior to another such visual inspection or replacement or repair of the rail. B. Limit operating speed over defective rail to that as authorized by a person designated under § 213.305(a)(1)(i) or (ii). The operating speed cannot be over 30 m.p.h. C. Apply joint bars bolted only through the outermost holes to defect within 20 days after it is determined to continue the track in use. Limit operating speed over defective rail to 30 m.p.h. until joint bars are applied; thereafter, limit speed to 50 m.p.h. When a search for internal rail defects is conducted under § 213.339 and defects are discovered which require remedial action C, the operating speed shall be limited to 50 m.p.h., for a period not to exceed 4 days. If the defective rail has not been removed from the track or a permanent repair made within 4 days of the discovery, limit operating speed over the defective rail to 30 m.p.h. until joint bars are applied; thereafter, limit speed to 50 m.p.h. D. Apply joint bars bolted only through the outermost holes to defect within 10 days after it is determined to continue the track in use. Limit operating speed over the defective rail to 30 m.p.h. or less as authorized by a person designated under § 213.305(a)(1)(i) or (ii) until joint bars ar… | ||||
| 49:49:4.1.1.1.8.7.5.2 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.303 Responsibility for compliance. | FRA | [63 FR 34029, June 22, 1998, as amended at 90 FR 28136, July 1, 2025] | (a) Any owner of track to which this subpart applies who knows or has notice that the track does not comply with the requirements of this subpart, shall— (1) Bring the track into compliance; or (2) Halt operations over that track. (b) If an owner of track to which this subpart applies assigns responsibility for the track to another person (by lease or otherwise), notification of the assignment shall be provided to FRA's Track and Structures Division at least 30 days in advance of the assignment. The notification may be made by any party to that assignment, but shall be in writing and include the following— (1) The name and address of the track owner; (2) The name and address of the person to whom responsibility is assigned (assignee); (3) A statement of the exact relationship between the track owner and the assignee; (4) A precise identification of the track; (5) A statement as to the competence and ability of the assignee to carry out the duties of the track owner under this subpart; (6) A statement signed by the assignee acknowledging the assignment to that person of responsibility for purposes of compliance with this subpart. (c) The Administrator may hold the track owner or the assignee or both responsible for compliance with this subpart and subject to the penalties under § 213.15. (d) When any person, including a contractor for a railroad or track owner, performs any function required by this part, that person is required to perform that function in accordance with this part. | ||||
| 49:49:4.1.1.1.8.7.5.20 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.339 Inspection of rail in service. | FRA | (a) A continuous search for internal defects shall be made of all rail in track at least twice annually with not less than 120 days between inspections. (b) Inspection equipment shall be capable of detecting defects between joint bars, in the area enclosed by joint bars. (c) Each defective rail shall be marked with a highly visible marking on both sides of the web and base. (d) If the person assigned to operate the rail defect detection equipment being used determines that, due to rail surface conditions, a valid search for internal defects could not be made over a particular length of track, the test on that particular length of track cannot be considered as a search for internal defects under § 213.337(a). (e) If a valid search for internal defects cannot be conducted for reasons described in paragraph (d) of this section, the track owner shall, before the expiration of time limits— (1) Conduct a valid search for internal defects; (2) Reduce operating speed to a maximum of 25 miles per hour until such time as a valid search for internal defects can be made; or (3) Remove the rail from service. | |||||
| 49:49:4.1.1.1.8.7.5.21 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.341 Initial inspection of new rail and welds. | FRA | The track owner shall provide for the initial inspection of newly manufactured rail, and for initial inspection of new welds made in either new or used rail. A track owner may demonstrate compliance with this section by providing for: (a) In-service inspection. A scheduled periodic inspection of rail and welds that have been placed in service, if conducted in accordance with the provisions of § 213.339, and if conducted not later than 90 days after installation, shall constitute compliance with paragraphs (b) and (c) of this section; (b) Mill inspection. A continuous inspection at the rail manufacturer's mill shall constitute compliance with the requirement for initial inspection of new rail, provided that the inspection equipment meets the applicable requirements specified in § 213.339. The track owner shall obtain a copy of the manufacturer's report of inspection and retain it as a record until the rail receives its first scheduled inspection under § 213.339; (c) Welding plant inspection. A continuous inspection at a welding plant, if conducted in accordance with the provisions of paragraph (b) of this section, and accompanied by a plant operator's report of inspection which is retained as a record by the track owner, shall constitute compliance with the requirements for initial inspection of new rail and plant welds, or of new plant welds made in used rail; and (d) Inspection of field welds. An initial inspection of field welds, either those joining the ends of CWR strings or those made for isolated repairs, shall be conducted not less than one day and not more than 30 days after the welds have been made. The initial inspection may be conducted by means of portable test equipment. The track owner shall retain a record of such inspections until the welds receive their first scheduled inspection under § 213.339. (e) Each defective rail found during inspections conducted under paragraph (a) or (d) of this section shall be marked with highly visible markings on both sides of the web and base and the r… | |||||
| 49:49:4.1.1.1.8.7.5.22 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.343 Continuous welded rail (CWR). | FRA | [63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998, as amended at 70 FR 66298, Nov. 2, 2005] | Each track owner with track constructed of CWR shall have in effect and comply with written procedures which address the installation, adjustment, maintenance and inspection of CWR, and a training program for the application of those procedures, which shall be submitted to the Federal Railroad Administration by March 21, 1999. FRA reviews each plan for compliance with the following— (a) Procedures for the installation and adjustment of CWR which include— (1) Designation of a desired rail installation temperature range for the geographic area in which the CWR is located; and (2) De-stressing procedures/methods which address proper attainment of the desired rail installation temperature range when adjusting CWR. (b) Rail anchoring or fastening requirements that will provide sufficient restraint to limit longitudinal rail and crosstie movement to the extent practical, and specifically addressing CWR rail anchoring or fastening patterns on bridges, bridge approaches, and at other locations where possible longitudinal rail and crosstie movement associated with normally expected train-induced forces, is restricted. (c) Procedures which specifically address maintaining a desired rail installation temperature range when cutting CWR including rail repairs, in-track welding, and in conjunction with adjustments made in the area of tight track, a track buckle, or a pull-apart. Rail repair practices shall take into consideration existing rail temperature so that— (1) When rail is removed, the length installed shall be determined by taking into consideration the existing rail temperature and the desired rail installation temperature range; and (2) Under no circumstances should rail be added when the rail temperature is below that designated by paragraph (a)(1) of this section, without provisions for later adjustment. (d) Procedures which address the monitoring of CWR in curved track for inward shifts of alinement toward the center of the curve as a result of disturbed track. (e) Procedures which control train speed on… | ||||
| 49:49:4.1.1.1.8.7.5.23 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.345 Vehicle/track system qualification. | FRA | [78 FR 16111, Mar. 13, 2013] | (a) General. All vehicle types intended to operate at track Class 6 speeds or above, or at any curving speed producing more than 5 inches of cant deficiency, shall be qualified for operation for their intended track classes in accordance with this subpart. A qualification program shall be used to demonstrate that the vehicle/track system will not exceed the wheel/rail force safety limits and the carbody and truck acceleration criteria specified in § 213.333— (1) At any speed up to and including 5 m.p.h. above the proposed maximum operating speed; and (2) On track meeting the requirements for the class of track associated with the proposed maximum operating speed. For purposes of qualification testing, speeds may exceed the maximum allowable operating speed for the class of track in accordance with the test plan approved by FRA. (b) Existing vehicle type qualification. Vehicle types previously qualified or permitted to operate at track Class 6 speeds or above or at any curving speeds producing more than 5 inches of cant deficiency prior to March 13, 2013, shall be considered as being successfully qualified under the requirements of this section for operation at the previously operated speeds and cant deficiencies over the previously operated track segment(s). (c) New vehicle type qualification. Vehicle types not previously qualified under this subpart shall be qualified in accordance with the requirements of this paragraph (c). (1) Simulations or measurement of wheel/rail forces. For vehicle types intended to operate at track Class 6 speeds, simulations or measurement of wheel/rail forces during qualification testing shall demonstrate that the vehicle type will not exceed the wheel/rail force safety limits specified in § 213.333. Simulations, if conducted, shall be in accordance with paragraph (c)(2) of this section. Measurement of wheel/rail forces, if conducted, shall be performed over a representative segment of the full route on which the vehicle type is intended to operate. (2) Simulations. Fo… | ||||
| 49:49:4.1.1.1.8.7.5.24 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.347 Automotive or railroad crossings at grade. | FRA | (a) There shall be no at-grade (level) highway crossings, public or private, or rail-to-rail crossings at-grade on Class 8 and 9 track. (b) If train operation is projected at Class 7 speed for a track segment that will include rail-highway grade crossings, the track owner shall submit for FRA's approval a complete description of the proposed warning/barrier system to address the protection of highway traffic and high speed trains. Trains shall not operate at Class 7 speeds over any track segment having highway-rail grade crossings unless: (1) An FRA-approved warning/barrier system exists on that track segment; and (2) All elements of that warning/barrier system are functioning. | |||||
| 49:49:4.1.1.1.8.7.5.25 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.349 Rail end mismatch. | FRA | Any mismatch of rails at joints may not be more than that prescribed by the following table— | |||||
| 49:49:4.1.1.1.8.7.5.26 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.351 Rail joints. | FRA | (a) Each rail joint, insulated joint, and compromise joint shall be of a structurally sound design and dimensions for the rail on which it is applied. (b) If a joint bar is cracked, broken, or because of wear allows excessive vertical movement of either rail when all bolts are tight, it shall be replaced. (c) If a joint bar is cracked or broken between the middle two bolt holes it shall be replaced. (d) Each rail shall be bolted with at least two bolts at each joint. (e) Each joint bar shall be held in position by track bolts tightened to allow the joint bar to firmly support the abutting rail ends and to allow longitudinal movement of the rail in the joint to accommodate expansion and contraction due to temperature variations. When no-slip, joint-to-rail contact exists by design, the requirements of this section do not apply. Those locations, when over 400 feet long, are considered to be continuous welded rail track and shall meet all the requirements for continuous welded rail track prescribed in this subpart. (f) No rail shall have a bolt hole which is torch cut or burned. (g) No joint bar shall be reconfigured by torch cutting. | |||||
| 49:49:4.1.1.1.8.7.5.27 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.352 Torch cut rail. | FRA | (a) Except as a temporary repair in emergency situations no rail having a torch cut end shall be used. When a rail end with a torch cut is used in emergency situations, train speed over that rail shall not exceed the maximum allowable for Class 2 track. All torch cut rail ends in Class 6 shall be removed within six months of September 21, 1998. (b) Following the expiration of the time limits specified in paragraph (a) of this section, any torch cut rail end not removed shall be removed within 30 days of discovery. Train speed over that rail shall not exceed the maximum allowable for Class 2 track until removed. | |||||
| 49:49:4.1.1.1.8.7.5.28 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.353 Turnouts, crossovers, and lift rail assemblies or other transition devices on moveable bridges. | FRA | (a) In turnouts and track crossings, the fastenings must be intact and maintained so as to keep the components securely in place. Also, each switch, frog, and guard rail shall be kept free of obstructions that may interfere with the passage of wheels. Use of rigid rail crossings at grade is limited per § 213.347. (b) Track shall be equipped with rail anchoring through and on each side of track crossings and turnouts, to restrain rail movement affecting the position of switch points and frogs. Elastic fasteners designed to restrict longitudinal rail movement are considered rail anchoring. (c) Each flangeway at turnouts and track crossings shall be at least 1 1/2 inches wide. (d) For all turnouts and crossovers, and lift rail assemblies or other transition devices on moveable bridges, the track owner shall prepare an inspection and maintenance Guidebook for use by railroad employees which shall be submitted to the Federal Railroad Administration. The Guidebook shall contain at a minimum— (1) Inspection frequency and methodology including limiting measurement values for all components subject to wear or requiring adjustment. (2) Maintenance techniques. (e) Each hand operated switch shall be equipped with a redundant operating mechanism for maintaining the security of switch point position. | |||||
| 49:49:4.1.1.1.8.7.5.29 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.355 Frog guard rails and guard faces; gage. | FRA | [78 FR 16112, Mar. 13, 2013] | The guard check and guard face gages in frogs shall be within the limits prescribed in the following table— 1 A line along that side of the flangeway which is nearer to the center of the track and at the same elevation as the gage line. 2 A line five-eighths of an inch below the top of the center line of the head of the running rail, or corresponding location of the tread portion of the track structure. | ||||
| 49:49:4.1.1.1.8.7.5.3 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.305 Designation of qualified individuals; general qualifications. | FRA | [63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998, as amended at 78 FR 16103, Mar. 13, 2013; 85 FR 63391, Oct. 7, 2020] | Each track owner to which this subpart applies shall designate qualified individuals responsible for the maintenance and inspection of track in compliance with the safety requirements prescribed in this subpart. Each individual, including a contractor or an employee of a contractor who is not a railroad employee, designated to: (a) Supervise restorations and renewals of track shall meet the following minimum requirements: (1) At least; (i) Five years of responsible supervisory experience in railroad track maintenance in track Class 4 or higher and the successful completion of a course offered by the employer or by a college level engineering program, supplemented by special on the job training emphasizing the techniques to be employed in the supervision, restoration, and renewal of high speed track; or (ii) A combination of at least one year of responsible supervisory experience in track maintenance in Class 4 or higher and the successful completion of a minimum of 80 hours of specialized training in the maintenance of high speed track provided by the employer or by a college level engineering program, supplemented by special on the job training provided by the employer with emphasis on the maintenance of high speed track; or (iii) A combination of at least two years of experience in track maintenance in track Class 4 or higher and the successful completion of a minimum of 120 hours of specialized training in the maintenance of high speed track provided by the employer or by a college level engineering program supplemented by special on the job training provided by the employer with emphasis on the maintenance of high speed track. (2) Demonstrate to the track owner that the individual: (i) Knows and understands the requirements of this subpart that apply to the restoration and renewal of the track for which he or she is responsible; (ii) Can detect deviations from those requirements; and (iii) Can prescribe appropriate remedial action to correct or safely compensate for those deviations; and (3) Be auth… | ||||
| 49:49:4.1.1.1.8.7.5.30 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.357 Derails. | FRA | (a) Each track, other than a main track, which connects with a Class 7, 8 or 9 main track shall be equipped with a functioning derail of the correct size and type, unless railroad equipment on the track, because of grade characteristics cannot move to foul the main track. (b) For the purposes of this section, a derail is a device which will physically stop or divert movement of railroad rolling stock or other railroad on-track equipment past the location of the device. (c) Each derail shall be clearly visible. When in a locked position, a derail shall be free of any lost motion which would prevent it from performing its intended function. (d) Each derail shall be maintained to function as intended. (e) Each derail shall be properly installed for the rail to which it is applied. (f) If a track protected by a derail is occupied by standing railroad rolling stock, the derail shall be in derailing position. (g) Each derail on a track which is connected to a Class 7, 8 or 9 main track shall be interconnected with the signal system. | |||||
| 49:49:4.1.1.1.8.7.5.31 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.359 Track stiffness. | FRA | (a) Track shall have a sufficient vertical strength to withstand the maximum vehicle loads generated at maximum permissible train speeds, cant deficiencies and surface defects. For purposes of this section, vertical track strength is defined as the track capacity to constrain vertical deformations so that the track shall return following maximum load to a configuration in compliance with the vehicle/track interaction safety limits and geometry requirements of this subpart. (b) Track shall have sufficient lateral strength to withstand the maximum thermal and vehicle loads generated at maximum permissible train speeds, cant deficiencies and lateral alinement defects. For purposes of this section lateral track strength is defined as the track capacity to constrain lateral deformations so that track shall return following maximum load to a configuration in compliance with the vehicle/track interaction safety limits and geometry requirements of this subpart. | |||||
| 49:49:4.1.1.1.8.7.5.32 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.361 Right of way. | FRA | The track owner in Class 8 and 9 shall submit a barrier plan, termed a “right-of-way plan,” to the Federal Railroad Administration for approval. At a minimum, the plan will contain provisions in areas of demonstrated need for the prevention of— (a) Vandalism; (b) Launching of objects from overhead bridges or structures into the path of trains; and (c) Intrusion of vehicles from adjacent rights of way. | |||||
| 49:49:4.1.1.1.8.7.5.33 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.365 Visual track inspections. | FRA | [63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998, as amended at 85 FR 63391, Oct. 7, 2020] | (a) All track shall be visually inspected in accordance with the schedule prescribed in paragraph (c) of this section by a person designated under § 213.305. (b) Each inspection shall be made on foot or by traversing the track in a vehicle at a speed that allows the person making the inspection to visually inspect the track structure for compliance with this part. However, mechanical, electrical, and other track inspection devices may be used to supplement visual inspection. If a vehicle is used for visual inspection, the speed of the vehicle may not be more than 5 m.p.h. when traversing track crossings and turnouts; otherwise, the inspection vehicle speed shall be at the sole discretion of the inspector, based on track conditions and inspection requirements. When traversing the track in a vehicle, the inspection will be subject to the following conditions— (1) One inspector in a vehicle may inspect up to two tracks at one time provided that the inspector's visibility remains unobstructed by any cause and that the second track is not centered more than 30 feet from the track upon which the inspector traverses; (2) Two inspectors in one vehicle may inspect up to four tracks at a time provided that the inspectors' visibility remains unobstructed by any cause and that each track being inspected is centered within 39 feet from the track upon which the inspectors traverse; (3) Each main track must be traversed by a vehicle or inspected on foot at least once every two weeks, and each siding must be traversed by a vehicle or inspected on foot at least once every month; and (4) Track inspection records shall indicate which track(s) are traversed by the vehicle or inspected on foot as outlined in paragraph (b)(3) of this section. (c) Each visual track inspection shall be made in accordance with the following schedule— Table 1 to § 213.365( c ) 1 An inspection week is defined as a seven (7) day period beginning on Sunday and ending on Saturday. (d) If the § 213.305 qualified person making the inspection finds a d… | ||||
| 49:49:4.1.1.1.8.7.5.34 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.367 Special inspections. | FRA | In the event of fire, flood, severe storm, temperature extremes or other occurrence which might have damaged track structure, a special inspection shall be made of the track involved as soon as possible after the occurrence and, if possible, before the operation of any train over that track. | |||||
| 49:49:4.1.1.1.8.7.5.35 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.369 Inspection records. | FRA | [63 FR 34029, June 22, 1998, as amended at 85 FR 63391, Oct. 7, 2020] | (a) Each owner of track to which this part applies shall keep a record of each inspection required to be performed on that track under this subpart. (b) Except as provided in paragraph (e) of this section, each record of an inspection under § 213.365 shall be prepared on the day the inspection is made and signed or otherwise certified by the person making the inspection. Records shall specify the author of the record, the type of track inspected, date of inspection, location of inspection, nature of any deviation from the requirements of this part, and the remedial action taken by the person making the inspection. The track owner shall designate the location(s) where each original record shall be maintained for at least one year after the inspection covered by the record. The track owner shall also designate one location, within 100 miles of each State in which it conducts operations, where copies of records that apply to those operations are maintained or can be viewed following 10 days' notice by the Federal Railroad Administration. (c) Rail inspection records shall specify the date of inspection, the location and nature of any internal defects found, the remedial action taken and the date thereof, and the location of any intervals of track not tested per § 213.339(d). The owner shall retain a rail inspection record for at least two years after the inspection and for one year after remedial action is taken. (d) Records of continuous rail testing under § 213.240 shall— (1) Include all information required under § 213.240(e); (2) State whether the test is being conducted to satisfy the requirements for an internal rail inspection under § 213.339; (3) List the date(s) and time(s) of the continuous rail test data collection, including the date and time of the start and end of the test run, and the date and time each suspect location was identified and field-verified; (4) Include the determination made after field verification of each suspect location, including the: (i) Location and type of defect found; (… | ||||
| 49:49:4.1.1.1.8.7.5.4 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.307 Classes of track: operating speed limits. | FRA | [63 FR 34029, June 22, 1998, as amended at 78 FR 16104, Mar. 13, 2013] | (a) Except as provided in paragraph (b) of this section and as otherwise provided in this subpart G, the following maximum allowable speeds apply: 1 Freight may be transported at passenger train speeds if the following conditions are met: (1) The vehicles utilized to carry such freight are of equal dynamic performance and have been qualified in accordance with § 213.329 and § 213.345. (2) The load distribution and securement in the freight vehicle will not adversely affect the dynamic performance of the vehicle. The axle loading pattern is uniform and does not exceed the passenger locomotive axle loadings utilized in passenger service, if any, operating at the same maximum speed. (3) No carrier may accept or transport a hazardous material, as defined at 49 CFR 171.8, except as provided in Column 9A of the Hazardous Materials Table (49 CFR 172.101) for movement in the same train as a passenger-carrying vehicle or in Column 9B of the Table for movement in a train with no passenger-carrying vehicles. 2 Operating speeds in excess of 125 m.p.h. are authorized by this part only in conjunction with FRA regulatory approval addressing other safety issues presented by the railroad system. For operations on a dedicated right-of-way, FRA's regulatory approval may allow for the use of inspection and maintenance criteria and procedures in the alternative to those contained in this subpart, based upon a showing that at least an equivalent level of safety is provided. (b) If a segment of track does not meet all of the requirements for its intended class, it is to be reclassified to the next lower class of track for which it does meet all of the requirements of this subpart. If a segment does not meet all of the requirements for Class 6, the requirements for Classes 1 through 5 apply. | ||||
| 49:49:4.1.1.1.8.7.5.5 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.309 Restoration or renewal of track under traffic conditions. | FRA | (a) Restoration or renewal of track under traffic conditions is limited to the replacement of worn, broken, or missing components or fastenings that do not affect the safe passage of trains. (b) The following activities are expressly prohibited under traffic conditions: (1) Any work that interrupts rail continuity, e.g., as in joint bar replacement or rail replacement; (2) Any work that adversely affects the lateral or vertical stability of the track with the exception of spot tamping an isolated condition where not more than 15 lineal feet of track are involved at any one time and the ambient air temperature is not above 95 degrees Fahrenheit; and (3) Removal and replacement of the rail fastenings on more than one tie at a time within 15 feet. | |||||
| 49:49:4.1.1.1.8.7.5.6 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.311 Measuring track not under load. | FRA | When unloaded track is measured to determine compliance with requirements of this subpart, evidence of rail movement, if any, that occurs while the track is loaded shall be added to the measurements of the unloaded track. | |||||
| 49:49:4.1.1.1.8.7.5.7 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.313 Application of requirements to curved track. | FRA | [78 FR 16104, Mar. 13, 2013] | Unless otherwise provided in this part, requirements specified for curved track apply only to track having a curvature greater than 0.25 degree. | ||||
| 49:49:4.1.1.1.8.7.5.8 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.317 Waivers. | FRA | (a) Any owner of track to which this subpart applies may petition the Federal Railroad Administrator for a waiver from any or all requirements prescribed in this subpart. (b) Each petition for a waiver under this section shall be filed in the manner and contain the information required by §§ 211.7 and 211.9 of this chapter. (c) If the Administrator finds that a waiver is in the public interest and is consistent with railroad safety, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary. Where a waiver is granted, the Administrator publishes a notice containing the reasons for granting the waiver. | |||||
| 49:49:4.1.1.1.8.7.5.9 | 49 | Transportation | II | 213 | PART 213—TRACK SAFETY STANDARDS | G | Subpart G—Train Operations at Track Classes 6 and Higher | § 213.319 Drainage. | FRA | Each drainage or other water carrying facility under or immediately adjacent to the roadbed shall be maintained and kept free of obstruction, to accommodate expected water flow for the area concerned. |
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title_name TEXT,
chapter TEXT,
subchapter TEXT,
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