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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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| 10:10:3.0.1.1.11.1.9.1 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | A | Subpart A—General Provisions | § 218.1 Purpose and scope. | DOE | (a) This part implements section 251 of the Energy Policy and Conservation Act (Pub. L. 94-163) (42 U.S.C. 6271), as amended, which authorizes the President to take such action as he determines to be necessary for performance of the obligations of the United States under chapters III and IV of the Agreement on an International Energy Program (TIAS 8278), insofar as such obligations relate to the mandatory international allocation of oil by International Energy Program participating countries. (b) Applicability. This part applies to any firm engaged in producing, transporting, refining, distributing or storing oil which is subject to the jurisdiction of the United States. | ||||
| 10:10:3.0.1.1.11.1.9.2 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | A | Subpart A—General Provisions | § 218.2 Activation/Deactivation. | DOE | (a) This rule shall take effect providing: (1) The International Energy Program has been activated; and, (2) The President has transmitted this rule to Congress, has found putting such rule into effect is required in order to fulfill obligations of the United States under the International Energy Program and has transmitted such a finding to the Congress together with a statement of the effective date and manner for exercise of such rule. (b) This rule shall revert to standby status no later than 60 days after the deactivation of the emergency allocation system activated to implement the International Energy Program. | ||||
| 10:10:3.0.1.1.11.1.9.3 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | A | Subpart A—General Provisions | § 218.3 Definitions. | DOE | DOE means the Department of Energy established by the Department of Energy Organization Act (Pub. L. 95-91), and includes the Secretary of Energy or his delegate. EPCA means the Energy Policy and Conservation Act (Pub. L. 94-163), as amended. Firm means any association, company, corporation, estate, individual, joint-venture, partnership, or sole proprietorship or any other entity however organized including charitable, educational, or other eleemosynary institutions, and the Federal Government including corporations, departments, Federal agencies, and other instrumentalities, and State and local governments. The ERA may, in regulations and forms issued in this part, treat as a firm: (a) A parent and the consolidated and unconsolidated entities (if any) which it directly or indirectly controls, (b) a parent and its consolidated entities, (c) an unconsolidated entity, or (d) any part of a firm. IEA means the International Energy Agency established to implement the IEP. IEP means the International Energy Program established pursuant to the Agreement on an International Energy Program signed at Paris, France, on November 18, 1974, including (a) the Annex entitled “Emergency Reserves”, (b) any amendment to such Agreement that includes another nation as a Party to such Agreement, and (c) any technical or clerical amendment to such Agreement. International energy supply emergency means any period (a) beginning on any date that the President determines allocation of petroleum products to nations participating in the IEP is required by chapters III and IV of the IEP and (b) ending on a date on which he determines such allocation is no longer required. Oil means crude oil, residual fuel oil, unfinished oil, refined petroleum product and natural gas liquids, which is owned or controlled by a firm, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States but excludes any oil stored in or owned and controlled by t… | ||||
| 10:10:3.0.1.1.11.2.9.1 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | B | Subpart B—Supply Orders | § 218.10 Rule. | DOE | (a) Upon the determination by the President that an international energy supply emergency exists, firms engaged in producing, transporting, refining, distributing, or storing oil shall take such actions as are determined by the DOE to be necessary for implementation of the obligations of the United States under chapters III and IV of the IEP that relate to the mandatory international allocation of oil by IEP participating countries. (b) Any actions required in accordance with paragraph (a) of this section shall be stated in supply orders issued by DOE. (c) No firm to which a supply order is issued shall be required to comply with such order unless the firm to which the oil is to be provided in accordance with such supply order has agreed to a procedure for the resolution of any dispute related to the terms and conditions of the sale undertaken pursuant to the supply order. The means for resolving any such disputes may include any procedures that are mutually acceptable to the parties, including arbitration before the IEA if the IEA has established arbitration procedures, arbitration or adjudication before an appropriate body, or any other similar procedure. | ||||
| 10:10:3.0.1.1.11.2.9.2 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | B | Subpart B—Supply Orders | § 218.11 Supply orders. | DOE | (a) A supply order shall require that the firm to which it is issued take actions specified therein relating to supplying the stated volume of oil to a specified recipient including, but not limited to, distributing, producing, storing, transporting or refining oil. A supply order shall include a concise statement of the pertinent facts and of the legal basis on which it is issued, and shall describe the action to be taken. (b) The DOE shall serve a copy of the supply order on the firm directed to act as stated therein. (c) The DOE may modify or rescind a supply order on its own motion or pursuant to an application filed in accordance with § 218.32 of this part. (d) A supply order shall be effective in accordance with its terms, and when served upon a firm directed to act thereunder, except that a supply order shall not remain in effect (1) upon reversion of this rule to standby status or (2) twelve months after the rule has been transmitted to Congress (whichever occurs first) or (3) to the extent that DOE or a court of competent jurisdiction directs that it be stayed, modified, or rescinded. (e) Any firm issued a supply order pursuant to this subpart may seek modification or rescission of the supply order in accordance with procedures provided in § 218.32 of this part. | ||||
| 10:10:3.0.1.1.11.2.9.3 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | B | Subpart B—Supply Orders | § 218.12 Pricing. | DOE | The price for oil subject to a supply order issued pursuant to this subpart shall be based on the price conditions prevailing for comparable commercial transactions at the time the supply order is served. | ||||
| 10:10:3.0.1.1.11.4.9.1 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.30 Purpose and scope. | DOE | This subpart establishes the administrative procedures applicable to supply orders. They shall be exclusive of any other procedures contained in this chapter, unless such other procedures are specifically made applicable hereto by this subpart. | ||||
| 10:10:3.0.1.1.11.4.9.2 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.31 Incorporated procedures. | DOE | The following subparts of part 205 of this chapter are, as appropriate, hereby made applicable to this part: (a) Subpart A— General Provisions; Provided, that § 205.11 shall not apply; and Provided further, that in addition to the methods of service specified in § 205.7 of this chapter, service shall be effective if a supply order is transmitted by telex, telecopies or other similar means of electronic transmission of a writing and received by the firm to which the supply order is addressed. (b) Subpart F— Interpretation. (c) Subpart K— Rulings. (d) Subpart M— Conferences, Hearings and Public Hearings. | ||||
| 10:10:3.0.1.1.11.4.9.3 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.32 Review. | DOE | (a) Purpose and scope. This subpart establishes the procedures for the filing of an application for review of a supply order. An application for review is a summary proceeding which will be initiated only if the criteria described in paragraph (g)(2) of this section are satisfied. (b) What to file. (1) A firm filing under this subpart shall file an “Application for Review” which should be clearly labeled as such both on the application and on the outside of the envelope in which the application is transmitted, and shall be in writing and signed by the firm filing the application. The applicant shall comply with the general filing requirements stated in 10 CFR 205.9 in addition to the requirements stated in this section. (2) If the applicant wishes to claim confidential treatment for any information contained in the application or other documents submitted under this subpart, the procedures set out in 10 CFR 205.9(f) shall apply. (c) When to file. An application for review should be filed no later than 5 days after the receipt by the applicant of the supply order that is the subject of the application, or no later than 2 days after the occurrence of an event that results in a substantial change in the facts or circumstances affecting the applicant. (d) Where to file. The application for review shall be filed with DOE Office of Hearings and Appeals (OHA), 2000 M Street, NW., Washington, DC 20461. (e) Notice. The applicant shall send by United States mail or deliver by hand a copy of the application and any subsequent amendments or other documents relating to the application to the Administrator of the Economic Regulatory Administration of DOE, 2000 M Street, NW., Washington, DC 20461. Service shall be made on the ERA at same time the document is filed with OHA and each document filed with the OHA shall include certification that the applicant has complied with the requirements of this paragraph. (f) Contents. (1) The application shall contain a full and complete statement of all relevant facts per… | ||||
| 10:10:3.0.1.1.11.4.9.4 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.33 Stay. | DOE | (a) The DOE may issue an order granting a stay if the DOE determines that an applicant has made a compelling showing that it would incur serious and irreparable injury unless immediate stay relief is granted pending determination of an application for review pursuant to this subpart. An application for a stay shall be labeled as such on the application and on the outside of the envelope in which the application is transmitted, and shall be in writing and signed by the firm filing the application. It shall include a description of the proceeding incident to which the stay is being sought and of the facts and circumstances which support the applicant's claim that it will incur irreparable injury unless immediate stay relief is granted. The applicant shall comply with the general filing requirements stated in 10 CFR 205.9 in addition to the requirements stated in this section. The DOE on its own initiative may also issue an order granting a stay upon a finding that a firm will incur irreparable injury if such an order is not granted. (b) An order granting a stay shall expire by its terms within such time after issuance, not to exceed 30 days as the DOE specifies in the order, except that it shall expire automatically 5 days following its issuance if the applicant fails within that period to file an application for review unless within that period the DOE for good cause shown, extends the time during which the applicant may file an application for review. (c) The order granting or denying a stay is not an order of the DOE subject to administrative review. | ||||
| 10:10:3.0.1.1.11.4.9.5 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | D | Subpart D—Procedures | § 218.34 Addresses. | DOE | All correspondence, petitions, and any information required by this part shall be submitted to: Administrator, Economic Regulatory Administration, Department of Energy, 2000 M Street, NW., Washington, DC 20461, and to the Director, Office of Hearings and Appeals, Department of Energy, 2000 M Street, NW., Washington, DC 20461. | ||||
| 10:10:3.0.1.1.11.5.9.1 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | E | Subpart E—Investigations, Violations, Sanctions and Judicial Actions | § 218.40 Investigations. | DOE | (a) The DOE may initiate and conduct investigations relating to the scope, nature and extent of compliance by any person with the rules, regulations or statutes of the DOE or any order promulgated by the DOE under the authority of section 251 of EPCA, or any court decree. (b) Any duly designated and authorized representative of DOE has the authority to conduct an investigation and to take such action as he deems necessary and appropriate to the conduct of the investigation including any action pursuant to § 205.8. (c) There are no parties, as that term is used in adjudicative proceedings, in an investigation under this subpart, and no person may intervene or participate as a matter of right in any investigation under this subpart. (d) Any person may request the DOE to initiate an investigation pursuant to paragraph (a) of this section. A request for an investigation shall set forth the subject matter to be investigated as fully as possible and include supporting documentation and information. No particular forms or procedures are required. (e) Any person who is requested to furnish documentary evidence or testimony in an investigation, upon written request, shall be informed of the general purpose of the investigation. (f) DOE shall not disclose information or documents that are obtained during any investigation unless (1) DOE directs or authorizes the public disclosure of the investigation; (2) the information or documents are a matter of public record; or (3) disclosure is not precluded by the Freedom of Information Act, 5 U.S.C. 552 and 10 CFR part 1004. (g) During the course of an investigation any person may submit at any time any document, statement of facts or memorandum of law for the purpose of explaining the person's position or furnish evidence which the person considers relevant to a matter under investigation. (h) If facts disclosed by an investigation indicate that further action is unnecessary or unwarranted, the investigative file may be closed without prejudice to further investigation by … | ||||
| 10:10:3.0.1.1.11.5.9.2 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | E | Subpart E—Investigations, Violations, Sanctions and Judicial Actions | § 218.41 Violations. | DOE | Any practice that circumvents, contravenes or results in the circumvention or contravention of the requirements of any provision of this part 218 or any order issued pursuant thereto is a violation of the DOE regulations stated in this part and is unlawful. | ||||
| 10:10:3.0.1.1.11.5.9.3 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | E | Subpart E—Investigations, Violations, Sanctions and Judicial Actions | § 218.42 Sanctions. | DOE | [44 FR 27972, May 14, 1979, as amended at 62 FR 46183, Sept. 2, 1997; 74 FR 66032, Dec. 14, 2009; 79 FR 19, Jan. 2, 2014; 81 FR 41793, June 28, 2016; 81 FR 96351, Dec. 30, 2016; 83 FR 1291, Jan. 11, 2018; 83 FR 66083, Dec. 26, 2018; 85 FR 830, Jan. 8, 2020; 86 FR 2955, Jan. 14, 2021; 87 FR 1063, Jan. 10, 2022; 88 FR 2193, Jan. 13, 2023; 89 FR 1027, Jan. 9, 2024; 89 FR 105406, Dec. 27, 2024] | (a) General. Any person who violates any provisions of this part 218 or any order issued pursuant thereto shall be subject to penalties and sanctions as provided herein. (1) The provisions herein for penalties and sanctions shall be deemed cumulative and not mutually exclusive. (2) Each day that a violation of the provisions of this part 218 or any order issued pursuant thereto continues shall be deemed to constitute a separate violation within the meaning of the provisions of this part relating to fines and civil penalties. (b) Penalties. (1) Any person who violates any provision of this part or any order issued pursuant thereto shall be subject to a civil penalty of not more than $28,748 for each violation. (2) Any person who willfully violates any provision of this part 218 or any order issued pursuant thereto shall be subject to a fine of not more than $10,000 for each violation. (3) Any person who knowingly and willfully violates any provision of this part 218 or any order issued pursuant thereto with respect to the sale, offer of sale, or distribution in commerce of oil in commerce after having been subject to a sanction under paragraph (b)(1) or (2) of this section for a prior violation of the provisions of this part 218 or any order issued pursuant thereto with respect to the sale, offer of sale, or distribution in commerce of oil shall be subject to a fine of not more than $50,000 or imprisonment for not more than six months, or both, for each violation. (4) Actions for penalties under this section are prosecuted by the Department of Justice upon referral by the DOE. (5) When the DOE considers it to be appropriate or advisable, the DOE may compromise and settle any action under this paragraph, and collect civil penalties. (c) Other Penalties. Willful concealment of material facts, or making of false, fictitious or fraudulent statements or representations, or submission of a document containing false, fictitious or fraudulent statements pertaining to matters within the scope of this part 218… | |||
| 10:10:3.0.1.1.11.5.9.4 | 10 | Energy | II | A | 218 | PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION | E | Subpart E—Investigations, Violations, Sanctions and Judicial Actions | § 218.43 Injunctions. | DOE | Whenever it appears to the DOE that any firm has engaged, is engaging, or is about to engage in any act or practice constituting a violation of any regulation or order issued under this part 218, the DOE may request the Attorney General to bring a civil action in the appropriate district court of the United States to enjoin such acts or practices and, upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. The relief sought may include a mandatory injunction commanding any firm to comply with any provision of such order or regulation, the violation of which is prohibited by section 524 of the EPCA. | ||||
| 14:14:4.0.1.1.14.0.1.1 | 14 | Aeronautics and Space | II | A | 218 | PART 218—LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW | § 218.1 Definitions. | FAA | For the purpose of this part the term lease shall mean an agreement under which an aircraft is furnished by one party to the agreement to the other party, irrespective of whether the agreement constitutes a true lease, charter arrangement, or some other arrangement. | ||||||
| 14:14:4.0.1.1.14.0.1.2 | 14 | Aeronautics and Space | II | A | 218 | PART 218—LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW | § 218.2 Applicability. | FAA | [ER-716, 36 FR 23148, Dec. 4, 1971, as amended by ER-1250, 46 FR 47770, Sept. 30, 1981; DOT-OST-2014-0140, 84 FR 15929, Apr. 16, 2019] | This part applies to foreign air carriers and other persons not citizens of the United States which, as lessors or lessees, enter into agreements providing for the lease of aircraft with crew to a foreign air carrier for use in foreign air transportation. For purposes of 49 U.S.C. 41301, the person who has operational control and safety responsibility is deemed to be the carrier, and is required to have appropriate operating authority. | |||||
| 14:14:4.0.1.1.14.0.1.3 | 14 | Aeronautics and Space | II | A | 218 | PART 218—LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW | § 218.3 Prohibition against unauthorized operations employing aircraft leased with crew. | FAA | [ER-716, 36 FR 23148, Dec. 4, 1971, as amended by ER-1250, 46 FR 47770, Sept. 30, 1981; ER-1260, 46 FR 52598, Oct. 27, 1981; DOT-OST-2014-0140, 84 FR 15929, Apr. 16, 2019] | (a) No foreign air carrier, or other person not a citizen of the United States, shall lease an aircraft with crew to a foreign air carrier for use by the latter in performing foreign air transportation unless either: (1) The lessor holds a foreign air carrier permit issued under 49 U.S.C. 41301 or an approved registration issued under part 294 of this chapter, and any statement of authorization required by part 212 of this chapter; or (2) The Department has issued an exemption under 49 U.S.C. 40109 specifically authorizing the lessor to engage in the foreign air transportation to be performed under the lease; or (3) The Department has issued an order under § 218.6 disclaiming jurisdiction over the matter. (b) For purposes of this part, an aircraft shall be considered to be leased with crew if: (1) The pilot in command or a majority of the crew of the aircraft, other than cabin attendants: (i) Is to be furnished by the lessor; (ii) Is employed by the lessor; (iii) Continues in the employ of the lessor in the operation of services other than those provided for in the agreement between the parties; or (iv) Has been employed by the lessor prior to the lease, and the employment of whom by the lessee is coextensive with the period or periods for which the aircraft is available to the lessee under the lease; or (2) The aircraft is operated under operations specifications issued to the lessor by the Federal Aviation Administration. | |||||
| 14:14:4.0.1.1.14.0.1.4 | 14 | Aeronautics and Space | II | A | 218 | PART 218—LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW | § 218.4 Condition upon authority of lessee. | FAA | In any case where a foreign air carrier leases from another foreign air carrier or other person not a citizen of the United States an aircraft with crew for use in performing foreign air transportation, it shall be a condition upon the authority of the lessee to perform such foreign air transportation that compliance be achieved with the requirements of this part. | ||||||
| 14:14:4.0.1.1.14.0.1.5 | 14 | Aeronautics and Space | II | A | 218 | PART 218—LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW | § 218.5 Application for disclaimer of jurisdiction. | FAA | [ER-716, 36 FR 23148, Dec. 4, 1971, as amended by DOT-OST-2014-0140, 84 FR 15929, Apr. 16, 2019] | The parties to a lease with crew as described in § 218.3(b) may apply to the Department for an order disclaiming jurisdiction over the matter. The application shall be filed jointly by both parties to the lease, and shall generally conform to the procedural requirements of part 302, subpart A, of this chapter. It shall be served upon any air carrier providing services over all or any part of the route upon which air transportation services will be provided pursuant to the agreement. The application should set forth in detail all evidence and other factors relied upon to demonstrate that true operational control and safety responsibility for the air transportation services to be provided are in the hands of the lessee rather than the lessor. A copy of the agreement and all amendments thereof, as well as a summary interpretation of its pertinent provisions, shall be included with the applications. Any interested person may file an answer to the application within 7 days after service hereof. Until the Department has acted upon the application, no operations in foreign transportation shall be performed pursuant to the agreement. | |||||
| 14:14:4.0.1.1.14.0.1.6 | 14 | Aeronautics and Space | II | A | 218 | PART 218—LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW | § 218.6 Issuance of order disclaiming jurisdiction. | FAA | [ER-716, 36 FR 23148, Dec. 4, 1971, as amended by DOT-OST-2014-0140, 84 FR 15929, Apr. 16, 2019] | If the Department finds that true operational control and safety responsibility will be vested in the lessee and not in the lessor ( i.e. , that the lease transaction is in substance a true lease of aircraft rather than a charter or series of charters), and that the performance of the operations provided for in such lease will not result in the lessor's being engaged in foreign air transportation, it will issue an order disclaiming jurisdiction over the matter. Otherwise the application for disclaimer of jurisdiction will be denied. | |||||
| 14:14:4.0.1.1.14.0.1.7 | 14 | Aeronautics and Space | II | A | 218 | PART 218—LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF AIRCRAFT WITH CREW | § 218.7 Presumption. | FAA | Whether under a particular lease agreement the lessor of the aircraft is engaged in foreign air transportation is a question of fact to be determined in the light of all the facts and circumstances. However, in circumstances where the lessor furnishes both the aircraft and the crew, there is a presumption that true operational control and safety responsibility are exercised by the lessor, and that the agreement constitutes a charter arrangement under which the lessor is engaged in foreign air transportation. The burden shall rest upon the applicants for disclaimer of jurisdiction in each instance to demonstrate by an appropriate factual showing that the operation contemplated will not constitute foreign air transportation by the lessor. | ||||||
| 20:20:1.0.2.8.14.1.155.1 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | A | Subpart A—General | § 218.1 Introduction. | SSA | This part tells when a person's entitlement to a monthly railroad retirement annuity begins and ends. Ordinarily, an annuity begins on the earliest date permitted under the Railroad Retirement Act (Act). This part also tells when and how a person may select a later beginning date. Included is an explanation of how work and certain types of special payments affect the beginning date of an employee or spouse annuity. | ||||
| 20:20:1.0.2.8.14.1.155.2 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | A | Subpart A—General | § 218.2 Definitions. | SSA | As used in this part: Applicant means a person who signs an application for an annuity for himself, herself or for some other person. Application means a form described in part 217 of this chapter. Award means to process a form to make a payment. Claimant means the person for whom an annuity application is filed. Filing date means the date on which an application or written statement is filed with the Board. Tier I benefit means the benefit calculated using the Social Security formulas and is based upon earnings, both in and outside the railroad industry. Tier II benefit means the benefit calculated under a formula found in the Act and is based only upon railroad earnings. | ||||
| 20:20:1.0.2.8.14.1.155.3 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | A | Subpart A—General | § 218.3 When an employee disappears. | SSA | (a) General. If an employee who is entitled to an annuity disappears, the employee annuity ends on the last day of the month before the month of the disappearance. (b) Employee has a current connection. (1) The Board may pay survivor benefits from the month of the employee's disappearance if both of the following conditions are met at the time of the disappearance: (i) The employee has a current connection with the railroad industry as defined in part 216 of this chapter, and (ii) The employee's spouse is entitled, or would have been entitled if he or she had filed an application, to a spouse annuity in the month that the employee disappeared. (2) If the employee is later found to have been alive during any month for which a survivor annuity was paid, the amount of any incorrect payment must be recovered under the rules of part 255, Erroneous Payments, of this chapter. The incorrect payment is the amount of any survivor benefits which were paid minus any spouse benefits which were paid minus any spouse benefits that would have been paid. (c) Employee has no current connection. If the employee does not have a current connection and the employee's spouse is entitled to an annuity in the month of the employee's disappearance, the spouse annuity will continue to be paid until one of the following events occurs: (1) The employee's death is established. (2) The spouse annuity ends for another reason. | ||||
| 20:20:1.0.2.8.14.2.155.1 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.5 General rules. | SSA | (a) An annuity begins either on the earliest date permitted by law, or on a specific date chosen by the applicant. If the applicant chooses a specific date, that date must not be before the earliest date permitted by law. (b) An annuity may not begin on the thirty-first day of a month, unless the claimant would lose benefits if the annuity begins on the first day of the following month. No annuity is payable for the thirty-first day of any month. | ||||
| 20:20:1.0.2.8.14.2.155.10 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.14 When a child annuity begins. | SSA | (a) A child annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law —(1) General rules. The earliest date permitted by law is the later of— (i) The first day of the month in which the employee dies; or (ii) The first day of the month in which the claimant becomes eligible for a child annuity as explained in part 216 of this chapter. (2) Child age annuity. The earliest date permitted by law is the later of— (i) The month shown in paragraph (b)(1) of this section; or (ii) The first day of the sixth month before the month in which the application is filed. (3) Child annuity based on full-time school attendance. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the sixth month before the month in which the application is filed; (iii) The first day of the month in which the claimant is in full-time school attendance at an elementary or secondary educational institution; or (iv) The first day of the month in which the claimant attains age 18. (4) Child disability annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the sixth month before the month in which the application is filed; (iii) The first day of the month in which the claimant meets the definition of disability as explained in part 220; or (iv) The first day of the month in which the claimant attains age 18. | ||||
| 20:20:1.0.2.8.14.2.155.11 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.15 When a parent annuity begins. | SSA | A parent annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. The earliest date permitted by law is the latest of— (a) The first day of the month in which the employee dies; (b) The first day of the month in which the claimant attains age 60; or (c) The first day of the sixth month before the month in which the application is filed. | ||||
| 20:20:1.0.2.8.14.2.155.12 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.16 When a surviving divorced spouse annuity begins. | SSA | [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] | (a) A surviving divorced spouse annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law —(1) General rules. The earliest date permitted by law is the later of— (i) The first day of the month in which the employee dies; or (ii) The first day of the month in which the claimant becomes eligible for a surviving divorced spouse annuity as shown in part 216 of this chapter. (2) Full-age annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains full retirement age; or (iii) The first day of the sixth month before the month in which the application is filed. (3) Reduced age annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains age 60; or (iii) The first day of the month in which the application is filed or the first day of the month preceding the month in which the application is filed if the employee died in that preceding month. (4) Disability annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains age 50; (iii) The first day of the twelfth month before the month in which the application is filed; or (iv) The first day of the sixth month after the month of disability onset. (5) “Child in care” annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; or (ii) The first day of the sixth month before the month in which the application is filed. | |||
| 20:20:1.0.2.8.14.2.155.13 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.17 When a remarried widow(er) annuity begins. | SSA | [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] | (a) A remarried widow(er) annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law —(1) General rules. The earliest date permitted by law is the later of— (i) The first day of the month in which the employee dies; or (ii) The first day of the month in which the claimant becomes eligible for a remarried widow(er) annuity as shown in part 216 of this chapter. (2) Full-age annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains full retirement age; or (iii) The first day of the sixth month before the month in which the application is filed. (3) Reduced-age annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains age 60: or (iii) The first day of the month in which the application is filed or the first day of the month preceding the month in which the application is filed if the employee died in that preceding month. (4) Disability annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains age 50; (iii) The first day of the twelfth month before the month in which the application is filed; or (iv) The first day of the sixth month after the month of disability onset. (5) “Child in care” annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; or (ii) The first day of the sixth month before the month in which the application is filed. | |||
| 20:20:1.0.2.8.14.2.155.2 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.6 How to choose an annuity beginning date. | SSA | (a) When application is filed. The applicant may choose an annuity beginning date by— (1) Naming the month, day and year in an application accepted by the Board; or (2) Including with the application a signed statement which tells the date (month, day and year) when the annuity should begin. (b) After application is filed. After an application is filed, the claimant may choose an annuity beginning date by submitting a signed statement which tells the month, day and year when the annuity should begin. | ||||
| 20:20:1.0.2.8.14.2.155.3 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.7 When chosen annuity beginning date is more than three months after filing date. | SSA | If the applicant for any type of annuity other than a disability annuity, or a spouse annuity based upon the disabled applicant's compensation, chooses an annuity beginning date in a month which is more than three months after the date the application is filed, the Board will deny the application as explained in part 217 of this chapter. The applicant must file a new application no earlier than three months before the month he or she wants the annuity to begin. | ||||
| 20:20:1.0.2.8.14.2.155.4 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.8 When an individual may change the annuity beginning date. | SSA | (a) Before annuity is awarded. A claimant may change the annuity beginning date if— (1) The claimant requests the change in a signed statement; and (2) The statement is received by the Board on or before the date of the claimant's death. (b) After annuity is awarded. An award can be reopened to change the annuity beginning date to a later date if— (1) The annuitant requests the change in a signed statement; (2) The statement is received by the Board on or before the date of the annuitant's death; (3) The annuitant shows that it is to his or her advantage to have a later annuity beginning date; and (4) All payments made for the period before the later annuity beginning date are recovered by cash refund or setoff. | ||||
| 20:20:1.0.2.8.14.2.155.5 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.9 When an employee annuity begins. | SSA | [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] | (a) Full-age annuity —employee has completed 10 years but less than 30 years of service. An employee full-age annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. The earliest date permitted by law is the latest of— (1) The day after the day the claimant last worked for a railroad employer; (2) The first day of the month in which the claimant attains full retirement age; or (3) The first day of the sixth month before the month in which the application is filed. (b) Reduced-age annuity —employee has completed 10 years but less than 30 years of service. An employee reduced-age annuity begins on the later of either the date chosen by the applicant, or the earliest date permitted by law. The earliest date permitted by law is the latest of— (1) The day after the day the claimant last worked for a railroad employer; (2) The first day of the first full month in which the claimant is age 62; or (3) The first day of the month in which the application is filed if the claimant does not have a spouse (or divorced spouse) who would be entitled to a retroactive unreduced spouse (or divorced spouse) annuity. If the claimant has such a spouse (or divorced spouse) the claimant's annuity can begin on the first day of the month in which the spouse (or divorced spouse) annuity begins. (c) Disability annuity. An employee disability annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. The earliest date permitted by law is the latest of— (1) The day after the day the claimant last worked for a railroad employer; (2) The first day of the twelfth month before the month in which the application is filed; (3) The first day of the sixth month after the month of disability onset; or (4) The first day of the month of disability onset if the claimant was previously entitled to an employee disability annuity which ended within five years of the current disability onset month. (d) Annuity based on at least 30 years … | |||
| 20:20:1.0.2.8.14.2.155.6 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.10 When a supplemental annuity begins. | SSA | An employee supplemental annuity begins on the latest of— (a) The beginning date of the employee age or disability annuity; (b) The first day of the month in which the employee meets the age and years of service requirements as shown in part 216 of this chapter; or (c) The first day of the twelfth month before the month in which the employee disability annuitant under age 65 gives up the right to return to work as explained in part 216 of this chapter. | ||||
| 20:20:1.0.2.8.14.2.155.7 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.11 When a spouse annuity begins. | SSA | (a) A spouse annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law —(1) General rules. The earliest date permitted by law is the latest of— (i) The day after the day the claimant last worked for a railroad employer; (ii) The beginning date of the employee annuity; (iii) The first day of the month in which the claimant meets the marriage requirement as shown in part 216 of this chapter; or (iv) The first day of the month in which the employee annuitant meets the age requirement to qualify the claimant as shown in part 216 of this chapter. (2) Full-age annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant meets the age requirement as shown in part 216 of this chapter; or (iii) The first day of the sixth month before the month in which the application is filed. (3) “Child in care” annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant becomes eligible for a spouse annuity based on having a “child in care” as shown in part 216 of this chapter; or (iii) The first day of the sixth month before the month in which the application is filed. (4) Reduced-age annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the first full month in which the spouse is age 62 if the employee has less than 30 years of service; (iii) The first day of the month in which the spouse is age 60, if the employee has at least 30 years of service; (iv) The first day of the sixth month before the month in which the application is filed; or (v) The first day of the month in which the application is filed if beginning the annuity in an earlier month would increase the age reduction factor applied to the annuity. | ||||
| 20:20:1.0.2.8.14.2.155.8 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.12 When a divorced spouse annuity begins. | SSA | [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] | (a) A divorced spouse annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law —(1) General rules. The earliest date permitted by law is the latest of— (i) The day after the day the claimant last worked for a railroad employer; (ii) The beginning date of the employee annuity; (iii) The first day of the first full month in which the employee annuitant is age 62 if the employee has not been granted a period of disability; (iv) The first day of the month in which the employee annuitant attains age 62 if the employee has been granted a period of disability; or (v) The first day of the month in which the final decree of divorce is effective. (2) Full-age annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the month in which the claimant attains full retirement age; (iii) The first day of the twelfth month before the month in which the application is filed if the employee is a disability annuitant or has been granted a period of disability; or (iv) The first day of the sixth full month before the month in which the application is filed if the employee is not entitled to a disability annuity or a period of disability. (3) Reduced-age annuity. The earliest date permitted by law is the latest of— (i) The month shown in paragraph (b)(1) of this section; (ii) The first day of the first full month the claimant is age 62 if the application is filed in or before that month; or (iii) The first day of the month in which the application is filed. | |||
| 20:20:1.0.2.8.14.2.155.9 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | B | Subpart B—When an Annuity Begins | § 218.13 When a widow(er) annuity begins. | SSA | [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] | (a) A widow(er) annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law. (b) Earliest date permitted by law —(1) Full-age annuity. The earliest date permitted by law is the latest of— (i) The first day of the month in which the employee dies; (ii) The first day of the month in which the claimant attains full retirement age; or (iii) The first day of the sixth month before the month in which the application is filed. (2) Reduced-age annuity —(i) Widow(er) age 60 through age 62. The earliest date permitted by law is the latest of— (A) The first day of the month in which the employee dies; (B) The first day of the month in which the claimant attains age 60; or (C) The first day of the sixth month before the month in which the application is filed. (ii) Widow(er) over age 62 but under full retirement age. The earliest date permitted by law is the latest of— (A) The first day of the month in which the employee dies; (B) The first day of the month in which the claimant attains age 62 and one month; or (C) The first day of the month in which the application is filed. (3) Disability annuity. The earliest date permitted by law is the latest of— (i) The first day of the month in which the employee dies; (ii) The first day of the month in which the claimant attains age 50; (iii) The first day of the twelfth month before the month in which the application is filed; or (iv) The first day of the sixth month after the month of disability onset. (4) “Child in care” annuity. The earliest date permitted by law is the latest of— (i) The first day of the month in which the employee dies; (ii) The first day of the month in which the claimant becomes eligible for a widow(er) annuity based on having a “child in care” as explained in part 216 of this chapter; or (iii) The first day of the sixth month before the month in which the application is filed. | |||
| 20:20:1.0.2.8.14.3.155.1 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | C | Subpart C—How Work and Special Payments Affect an Employee, Spouse, or Divorced Spouse Annuity Beginning Date | § 218.25 Introduction. | SSA | The rules in this subpart apply only to an employee, spouse, divorced spouse, and supplemental annuity. They do not apply to any type of survivor annuity. | ||||
| 20:20:1.0.2.8.14.3.155.2 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | C | Subpart C—How Work and Special Payments Affect an Employee, Spouse, or Divorced Spouse Annuity Beginning Date | § 218.26 Work started after annuity beginning date. | SSA | (a) General. An annuity can begin only after an employee, spouse, or divorced spouse stops any work for a railroad employer. However, if the employee, spouse or divorced spouse starts work after an “intent to retire” is established, that work will have no effect on the annuity beginning date. However, an annuity cannot be paid for any month the employee, spouse or divorced spouse returns to work for a railroad employer. (b) Intent to retire —(1) Disability annuity. An “intent to retire” is established to pay a disability annuity when— (i) The employee files for a disability annuity; or (ii) The employee gives up all rights to return to work for a railroad employee before starting any new work. (2) Age annuity. An “intent to retire” is established to pay an employee age, spouse or divorced spouse annuity when the employee, spouse or divorced spouse gives up all rights to return to work for a railroad employer before starting any new work. | ||||
| 20:20:1.0.2.8.14.3.155.3 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | C | Subpart C—How Work and Special Payments Affect an Employee, Spouse, or Divorced Spouse Annuity Beginning Date | § 218.27 Vacation pay. | SSA | (a) From railroad employer. Vacation pay may be credited to the vacation period due the employee or to the last day of actual work for the railroad employer. If the vacation pay is credited to the vacation period, the annuity can begin no earlier than the day after the vacation period ends. (Part 211 of this chapter discusses how vacation pay is credited as compensation.) (b) From non-railroad employer. Vacation pay will not affect the annuity beginning date. | ||||
| 20:20:1.0.2.8.14.3.155.4 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | C | Subpart C—How Work and Special Payments Affect an Employee, Spouse, or Divorced Spouse Annuity Beginning Date | § 218.28 Sick pay. | SSA | (a) From railroad employer. If the employee is carried on the payroll while sick, the annuity can begin no earlier than the day after the last day of sick pay. However, sick pay is not considered compensation and does not affect the annuity beginning date if it is a payment described in § 211.2(c)(6) of these regulations. (b) From non-railroad employer. Sick pay will not affect the annuity beginning date. | ||||
| 20:20:1.0.2.8.14.3.155.5 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | C | Subpart C—How Work and Special Payments Affect an Employee, Spouse, or Divorced Spouse Annuity Beginning Date | § 218.29 Pay for time lost. | SSA | Pay for time lost because of personal injury must be credited to an actual period of time lost. The annuity can begin no earlier than the day after that period ends. | ||||
| 20:20:1.0.2.8.14.3.155.6 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | C | Subpart C—How Work and Special Payments Affect an Employee, Spouse, or Divorced Spouse Annuity Beginning Date | § 218.30 Separation, displacement or dismissal allowance. | SSA | (a) General. When an employee receives a separation, displacement or dismissal allowance from a railroad employer, the annuity beginning date depends on whether the payments are a separation allowance as described in paragraph (b) of this section, or monthly compensation payments as described in paragraph (c) of this section. (Part 211 of this chapter discusses how a separation, displacement or dismissal alowance is credited as compensation.) (b) Separation allowance. When an employee accepts a separation allowance, the employee gives up his or her job rights. Regardless of whether a separation allowance is paid in a lump sum or in installments, the annuity can begin as early as the day after the day the separation allowance is credited. (c) Monthly compensation payments. An employee who receives monthly compensation payments keeps his or her job rights while the payments are being made. The annuity cannot begin until after the end of the period for which payments are made. | ||||
| 20:20:1.0.2.8.14.4.155.1 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.35 When an employee age annuity ends. | SSA | An employee annuity based on age ends with the last day of the month before the month in which the employee dies. | ||||
| 20:20:1.0.2.8.14.4.155.10 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.44 When a remarried widow(er) annuity ends. | SSA | [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] | (a) Entitlement based on age. When the remarried widow(er) annuity is based on age, the annuity ends with the earliest of the last day of the month before the month in which the remarried widow(er)— (1) Dies; (2) Becomes entitled to an old age benefit under the Social Security Act that is equal to or larger than the amount of the full remarried widow(er) annuity before reduction for age or the family maximum (see part 228 of this chapter); or (3) Becomes entitled to a spouse or survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity. (b) Entitlement based on disability. When the remarried widow(er) annuity is based on disability, the annuity ends with the earliest of— (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the second month following the month in which the disability ends; or (3) The last day of the month before the month in which the remarried widow(er) attains full retirement age (the disability annuitant then becomes entitled to an annuity based upon age). (c) Entitlement based on “child in care.” When the remarried widow(er) annuity is based on having a “child in care,” as explained in part 216 of this chapter, the annuity ends as shown in this paragraph unless the remarried widow(er) is at least age 60. In that case, the remarried widow(er) annuity based on having a “child in care” is changed to an annuity based on age. If the remarried widow(er) is not entitled to an annuity based on age, the remarried widow(er) annuity based on having a “child in care” ends with the earliest of— (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the month before the month in which the child is no longer in the remarried widow(er)'s care, as explained in part 216 of this chapter (in this case entitlement to the annuity does not terminate but no annuity is payable while the child is no longer in care); (3) The last day of the month before the month in which the child attains age 16, un… | |||
| 20:20:1.0.2.8.14.4.155.2 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.36 When an employee disability annuity ends. | SSA | [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] | (a) Ending date. An employee annuity based on disability ends with the earliest of— (1) The last day of the month before the month in which the employee dies; (2) The last day of the second month following the month in which the employee's disability ends; or (3) The last day of the month before the month in which the employee attains full retirement age (the disability annuity is changed to an age annuity). (b) Effect of ended disability annuity on eligibility for a later annuity. The ending of a disability annuity will not affect an employee's rights to receive any annuity to which he or she later becomes entitled. When a disability annuity ends before an employee attains full retirement age, any additional railroad service the employee has after the disability annuity ends can be credited as if no annuity had previously been paid. | |||
| 20:20:1.0.2.8.14.4.155.3 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.37 When a supplemental annuity ends. | SSA | A supplemental annuity ends when the employee age or disability annuity ends. | ||||
| 20:20:1.0.2.8.14.4.155.4 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.38 When a spouse annuity ends. | SSA | (a) General rules. A spouse annuity ends with the earliest of— (1) The last day of the month before the month in which the spouse dies; (2) The last day of the month before the month in which the employee dies or the employee's entitlement to an annuity ends; (3) The last day of the month before the month in which the spouse's marriage to the empoyee is ended by absolute divorce, annulment, or other judicial action (the spouse may be entitled to a divorced spouse annuity as explained in part 216 of this chapter); or (4) The month shown in paragraphs (b) and (d) of this section. (b) Annuity entitlement based on “child in care.” A spouse annuity based on having a “child in care” ends as shown in this paragraph if he or she is not also eligible for a full-age spouse annuity as explained in part 216 of this chapter. However, see also paragraph (c) of this section. If the spouse is eligible for a full-age spouse annuity when he or she is no longer entitled on the basis of a child, his or her annuity is changed to a spouse annuity based on age. A spouse annuity based on having a “child in care” ends with the earliest of— (1) The last day of the month shown in paragraphs (a) and (d) of this section; (2) The last day of the month before the month in which the child is no longer in the spouse's care, as explained in part 216 of this chapter; (3) The last day of the month before the month in which the child attains age 18 and is not disabled; (4) The last day of the month before the month in which the child marries; (5) The last day of the month before the month in which the child dies; or (6) The last day of the second month after the month in which the child's disability ends, if the child is over age 18. (c) Tier I benefit entitlement based on “child in care.” The tier I benefit of a spouse entitled because he or she has a “child in care” and is not otherwise entitled to a tier I benefit based on age, ends with the earliest of— (1) The last day of the month shown in paragraphs (a) and (d) of this sect… | ||||
| 20:20:1.0.2.8.14.4.155.5 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.39 When a divorced spouse annuity ends. | SSA | A divorced spouse annuity ends with the earliest of the last day of the month before the month in which the— (a) Divorced spouse dies; (b) Employee's entitlement to an annuity ends; (c) Divorced spouse marries; (d) Employee dies; or (e) Divorced spouse becomes entitled to a retirement or disability insurance benefit under the Social Security Act based on a primary insurance amount which equals or exceeds the amount of the full divorced spouse annuity before reduction for age. | ||||
| 20:20:1.0.2.8.14.4.155.6 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.40 When a widow(er) annuity ends. | SSA | [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] | (a) Entitlement based on age. When a widow(er)'s annuity is based on age, the annuity ends with the earliest of the last day of the month before the month in which— (1) The widow(er) dies; (2) The widow(er) remarries (the widow(er) may be entitled to benefits as a remarried widow(er) as explained in part 216 of this chapter); (3) The widow(er) becomes entitled to another survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity; or (4) The Board approves an award to someone else as the employee's legal widow(er) if entitlement is based on a deemed valid marriage. (b) Disabled widow(er). If entitlement is based on the widow(er)'s disability, the annuity ends with the earliest of— (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the second month following the month in which the disability ends; or (3) The last day of the month before the month in which the widow(er) attains age 60 (the disability annuitant then becomes entitled to an annuity based upon age). (c) Annuity entitlement based on “child in care.” A widow(er) annuity based on having a “child in care” ends as shown in this paragraph if he or she is not eligible for a widow(er) annuity based on age as explained in part 216 of this chapter. However, see also paragraph (d) of this section. If the widow(er) is eligible for a widow(er) annuity based on age, when he or she is no longer entitled on the basis of having a “child in care,” his or her annuity is changed to a widow(er) annuity based on age. A widow(er) annuity based on having a “child in care” ends with the earliest of— (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the month before the month in which the child is no longer in the widow(er)'s care as explained in part 216 of this chapter (in this case entitlement to the annuity does not terminate, but no annuity is payable while the child is no longer in care); (3) The last day of the month before the month in which t… | |||
| 20:20:1.0.2.8.14.4.155.7 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.41 When a child annuity ends. | SSA | A child annuity ends with the earliest of— (a) The last day of the month before the month in which the child marries; (b) The last day of the month before the month in which the child dies; (c) The last day of the month before the month in which the child attains age 18 if the child is not eligible for an annuity as a disabled or student child; (d) The last day of the last month in which the child is considered a full-time student, as defined in part 216 of this chapter, if the child is a full-time student age 18 through 19; or (e) The last day of the second month after the month in which the child's disability ends, if the child is over age 18. | ||||
| 20:20:1.0.2.8.14.4.155.8 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.42 When a parent annuity ends. | SSA | (a) Tier I. The tier I benefit of a parent annuity ends with the earliest of the last day of the month before the month in which the parent— (1) Dies; (2) Becomes entitled to an old age benefit under the Social Security Act that is equal to or larger than the tier I benefit of the parent annuity before any reduction for the family maximum, unless he or she is also entitled to a tier II benefit (reduction for the family maximum is discussed in part 228 of this chapter); (3) Becomes entitled to another survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity; or (4) Remarries after the employee's death, unless he or she marries a person who is entitled to Social Security or Railroad Retirement Act benefits as a divorced spouse, widow, widower, mother, father, parent, or disabled child. (b) Tier II. The tier II benefit of a parent annuity ends with the earliest of the last day of the month before the month in which the parent— (1) Dies; (2) Remarries after the employee's death; or (3) Becomes entitled to another survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity. | ||||
| 20:20:1.0.2.8.14.4.155.9 | 20 | Employees' Benefits | II | B | 218 | PART 218—ANNUITY BEGINNING AND ENDING DATES | D | Subpart D—When an Annuity Ends | § 218.43 When a surviving divorced spouse annuity ends. | SSA | [54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003] | (a) Entitlement based on age. When the surviving divorced spouse annuity is based on age, the annuity ends with the earliest of the last day of the month before the month in which the surviving divorced spouse— (1) Dies; (2) Becomes entitled to an old age benefit under the Social Security Act that is equal to or larger than the amount of the full surviving divorced spouse annuity before reduction for age; or (3) Becomes entitled to a spouse or survivor annuity in a larger amount, unless he or she elects to be paid the smaller annuity. (b) Entitlement based on disability. When the surviving divorced spouse annuity is based on disability, the annuity ends with the earliest of— (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the second month following the month in which the disability ends; or (3) The last day of the month before the month in which the surviving divorced spouse attains full retirement age (the disability annuitant then becomes entitled based upon age). (c) Entitlement based on “child in care.” When the surviving divorced spouse annuity is based on having a “child in care” as explained in part 216 of this chapter, the annuity ends as shown in this paragraph unless he or she is at least age 60 and was married to the employee for at least 10 years. In that case, the surviving divorced spouse annuity based on having a child in care is changed to an annuity based on age. If the surviving divorced spouse is not entitled to an annuity based on age, the surviving divorced spouse annuity based on “child in care” ends with the earliest of— (1) The last day of the month shown in paragraph (a) of this section; (2) The last day of the month before the month in which the child is no longer in the surviving divorced spouse's care, as explained in part 216 of this chapter (in this case entitlement to the annuity does not terminate, but no annuity is payable while the child is no longer in care); (3) The last day of the month before the month in which the ch… | |||
| 49:49:4.1.1.1.13.1.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.1 Purpose. | FRA | This part prescribes minimum requirements for railroad operating rules and practices. Each railroad may prescribe additional or more stringent requirements in its operating rules, timetables, timetable special instructions, and other special instructions. | |||||
| 49:49:4.1.1.1.13.1.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.3 Application. | FRA | [44 FR 2175, Jan. 10, 1979, as amended at 53 FR 28599, July 28, 1988] | (a) Except as provided in paragraph (b) of this section, this part applies to railroads that operate rolling equipment on standard gage track which is part of the general railroad system of transportation. (b) This part does not apply to— (1) A railroad that operates only on track inside an installation which is not part of the general railroad system of transportation, or (2) Rapid transit operations in an urban area that are not connected with the general railroad system of transportation. | ||||
| 49:49:4.1.1.1.13.1.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.4 Preemptive effect. | FRA | [73 FR 8498, Feb. 13, 2008] | Normal State negligence standards apply where there is no Federal action covering the subject matter. Under 49 U.S.C. 20106 (section 20106), issuance of the regulations in this part preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local railroad safety or railroad security hazard; that is not incompatible with a law, regulation, or order of the United States Government; and that does not unreasonably burden interstate commerce. Section 20106 permits State tort actions arising from events or activities occurring on or after January 18, 2002, for the following: Violation of the Federal standard of care established by regulation or order issued the Secretary of Transportation (with respect to railroad safety, such as these regulations) or the Secretary of Homeland Security (with respect to railroad security); a party's violation of, or failure to comply with, its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the two Secretaries; and a party's violation of a State standard that is necessary to eliminate or reduce an essentially local safety or security hazard, is not incompatible with a law, regulation, or order of the United States Government, and does not unreasonably burden interstate commerce. Nothing in section 20106 creates a Federal cause of action on behalf of an injured party or confers Federal question jurisdiction for such State law causes of action. | ||||
| 49:49:4.1.1.1.13.1.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.5 Definitions. | FRA | [58 FR 43292, Aug. 16, 1993, as amended at 60 FR 11049, Mar. 1, 1995; 73 FR 8498, Feb. 13, 2008; 89 FR 25108, Apr. 9, 2024] | Absolute block means a block in which no train is permitted to enter while it is occupied by another train. Associate Administrator for Safety means the Associate Administrator for Railroad Safety and Chief Safety Officer of the Federal Railroad Administration or that person's delegate as designated in writing. Blue signal means a clearly distinguishable blue flag or blue light by day and a blue light at night. When attached to the operating controls of a locomotive, it need not be lighted if the inside of the cab area of the locomotive is sufficiently lighted so as to make the blue signal clearly distinguishable. Camp car means any on-track vehicle, including outfit, camp, or bunk cars or modular homes mounted on flat cars used to house rail employees. It does not include wreck trains. Car shop repair track area means one or more tracks within an area in which the testing, servicing, repair, inspection, or rebuilding of railroad rolling equipment is under the exclusive control of mechanical department personnel. Controlling locomotive means a locomotive arranged as having the only controls over all electrical, mechanical and pneumatic functions for one or more locomotives, including controls transmitted by radio signals if so equipped. It does not include two or more locomotives coupled in multiple which can be moved from more than one set of locomotive controls. Designated crew member means an individual designated under the railroad's operating rules as the point of contact between a train or yard crew and a utility employee working with that crew. Effective locking device when used in relation to a manually operated switch or a derail means one which is: (1) Vandal resistant; (2) Tamper resistant; and (3) Capable of being locked and unlocked only by the class, craft or group of employees for whom the protection is being provided. Flagman's signals means a red flag by day and a white light at night, and fusees as prescribed in the railroad's operating rules. FTA means the Federal Transit … | ||||
| 49:49:4.1.1.1.13.1.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.7 Waivers. | FRA | (a) A railroad may petition the Federal Railroad Administration for a waiver of compliance with any requirement prescribed in this part. (b) Each petition for a waiver under this section must be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that waiver of compliance is in the public interest and is consistent with railroad safety, he may grant the waiver subject to any conditions he deems necessary. Notice of each waiver granted, including a statement of the reasons, therefore, is published in the Federal Register. | |||||
| 49:49:4.1.1.1.13.1.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.9 Civil penalty. | FRA | [90 FR 28144, July 1, 2025] | (a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) “Person” means an entity of any type covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor. (c) Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.1.11.7 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | A | Subpart A—General | § 218.11 Filing, testing, and instruction. | FRA | The operating rules prescribed in this part, and any additional or more stringent requirements issued by a railroad in relation to the operating rules prescribed in this part, shall be subject to the provisions of part 217 of this chapter, Railroad Operating Rules: Filing, Testing, and Instruction. | |||||
| 49:49:4.1.1.1.13.2.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.21 Scope. | FRA | This subpart prescribes minimum requirements for the protection of railroad employees engaged in the inspection, testing, repair, and servicing of rolling equipment whose activities require them to work on, under, or between such equipment and subjects them to the danger of personal injury posed by any movement of such equipment. | |||||
| 49:49:4.1.1.1.13.2.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.22 Utility employee. | FRA | [58 FR 43293, Aug. 16, 1993, as amended at 60 FR 11050, Mar. 1, 1995; 85 FR 80569, Dec. 11, 2020] | (a) A utility employee shall be subject to the Hours of Service Act, and the requirements for training and testing, control of alcohol and drug use, and hours of service record keeping provided for in parts 217, 219, and 228 of this chapter. (b) A utility employee shall perform service as a member of only one train or yard crew at any given time. Service with more than one crew may be sequential, but not concurrent. (c) A utility employee may be assigned to and serve as a member of a train or yard crew without the protection otherwise required by subpart B of part 218 of this chapter only under the following conditions: (1) The train or yard crew is assigned a controlling locomotive that is under the actual control of the assigned locomotive engineer of that crew; (2) The locomotive engineer is in the cab of the controlling locomotive, or, while the locomotive is stationary be replaced in the cab by another member of the same crew; (3) The utility employee established communication with the crew by contacting the designated crew member on arriving at the train (as defined for the purpose of this section as one or more locomotives coupled, with or without cars) and before commencing any duties with the crew. (4) Before each utility employee commences duties, the designated crew member shall provide notice to each crew member of the presence and identity of the utility employee. Once all crew members have acknowledged this notice, the designated crew member shall advise the utility employee that he or she is authorized to work as part of the crew. Thereafter, communication shall be maintained in such a manner that each member of the train or yard crew understands the duties to be performed and whether those duties will cause any crew member to go on, under, or between the rolling equipment; and (5) The utility employee is performing one or more of the following functions: Set or release handbrakes; couple or uncouple air hoses and other electrical or mechanical connections; prepare rail cars for coupling; se… | ||||
| 49:49:4.1.1.1.13.2.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.23 Blue signal display. | FRA | (a) Blue signals displayed in accordance with § 218.25, 218.27, or 218.29 signify that workers are on, under, or between rolling equipment. When so displayed— (1) The equipment may not be coupled to; (2) The equipment may not be moved, except as provided for in § 218.29; (3) Other rolling equipment may not be placed on the same track so as to reduce or block the view of a blue signal, except as provided for in § 218.29 (a), (b) and (c); and (4) Rolling equipment may not pass a displayed blue signal. (b) Blue signals must be displayed in accordance with § 218.25, 218.27, or 218.29 by each craft or group of workers prior to their going on, under, or between rolling equipment and may only be removed by the same craft or group that displayed them. | |||||
| 49:49:4.1.1.1.13.2.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.24 One-person crew. | FRA | [60 FR 11050, Mar. 1, 1995] | (a) An engineer working alone as a one-person crew shall not perform duties on, under, or between rolling equipment, without blue signal protection that complies with § 218.27 or § 218.29, unless the duties to be performed are listed in § 218.22(c)(5) and the following protections are provided: (1) Each locomotive in the locomotive engineer's charge is either: (i) Coupled to the train or other railroad rolling equipment to be assisted; or (ii) Stopped a sufficient distance from the train or rolling equipment to ensure a separation of at least 50 feet; and (2) Before a controlling locomotive is left unattended, the one-member crew shall secure the locomotive as follows: (i) The throttle is in the IDLE position; (ii) The generator field switch is in the OFF position; (iii) The reverser handle is removed (if so equipped); (iv) The isolation switch is in the ISOLATE position; (v) The locomotive independent (engine) brake valve is fully applied; (vi) The hand brake on the controlling locomotive is fully applied (if so equipped); and (vii) A bright orange engineer's tag (a tag that is a minimum of three by eight inches with the words ASSIGNED LOCOMOTIVE—DO NOT OPERATE) is displayed on the control stand of the controlling locomotive. (b) When assisting another train or yard crew with the equipment the other crew was assigned to operate, a single engineer must communicate directly, either by radio in compliance with part 220 of this chapter or by oral telecommunication of equivalent integrity, with the crew of the train to be assisted. The crews of both trains must notify each other in advance of all moves to be made by their respective equipment. Prior to attachment or detachment of the assisting locomotive(s), the crew of the train to be assisted must inform the single engineer that the train is secured against movement. The crew of the train to be assisted must not move the train or permit the train to move until authorized by the single engineer. | ||||
| 49:49:4.1.1.1.13.2.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.25 Workers on a main track. | FRA | [44 FR 2175, Jan. 10, 1979, as amended at 48 FR 6123, Feb. 10, 1983] | When workers are on, under, or between rolling equipment on a main track: (a) A blue signal must be displayed at each end of the rolling equipment; and (b) If the rolling equipment to be protected includes one or more locomotives, a blue signal must be attached to the controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive. (c) When emergency repair work is to be done on, under, or between a locomotive or one or more cars coupled to a locomotive, and blue signals are not available, the engineman or operator must be notified and effective measures must be taken to protect the workers making the repairs. | ||||
| 49:49:4.1.1.1.13.2.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.27 Workers on track other than main track. | FRA | When workers are on, under, or between rolling equipment on track other than main track— (a) A blue signal must be displayed at or near each manually operated switch providing access to that track; (b) Each manually operated switch providing access to the track on which the equipment is located must be lined against movement to that track and locked with an effective locking device; and (c) The person in charge of the workers must have notified the operator of any remotely controlled switch that work is to be performed and have been informed by the operator that each remotely controlled switch providing access to the track on which the equipment is located has been lined against movement to that track and locked as prescribed in § 218.30. (d) If rolling equipment requiring blue signal protection as provided for in this section is on a track equipped with one or more crossovers, both switches of each crossover must be lined against movement through the crossover toward that rolling equipment, and the switch of each crossover that provides access to the rolling equipment must be protected in accordance with the provisions of paragraphs (a) and (b), or (c) of this section. (e) If the rolling equipment to be protected includes one or more locomotives, a blue signal must be attached to the controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive. | |||||
| 49:49:4.1.1.1.13.2.11.7 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.29 Alternate methods of protection. | FRA | [44 FR 2175, Jan. 10, 1979, as amended at 48 FR 6123, Feb. 10, 1983] | Instead of providing blue signal protection for workers in accordance with § 218.27, the following methods for blue signal protection may be used: (a) When workers are on, under, or between rolling equipment in a locomotive servicing track area: (1) A blue signal must be displayed at or near each switch providing entrance to or departure from the area; (2) Each switch providing entrance to or departure from the area must be lined against movement to the area and locked with an effective locking device; and (3) A blue signal must be attached to each controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive; (4) If the speed within this area is restricted to not more than 5 miles per hour a derail, capable of restricting access to that portion of a track within the area on which the rolling equipment is located, will fulfill the requirements of a manually operated switch in compliance with paragraph (a)(2) of this section when positioned at least 50 feet from the end of the equipment to be protected by the blue signal, when locked in a derailing position with an effective locking device, and when a blue signal is displayed at the derail; (5) A locomotive may be moved onto a locomotive servicing area track after the blue signal has been removed from the entrance switch to the area. However, the locomotive must be stopped short of coupling to another locomotive; (6) A locomotive may be moved off of a locomotive servicing area track after the blue signal has been removed from the controlling locomotive to be moved and from the area departure switch; (7) If operated by an authorized employee under the direction of the person in charge of the workers, a locomotive protected by blue signals may be repositioned within this area after the blue signal has been removed from the locomotive to be repositioned and the workers on the affected track have been notified of the movement; and (8) Blue signal protection removed for the movement of locomoti… | ||||
| 49:49:4.1.1.1.13.2.11.8 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | B | Subpart B—Blue Signal Protection of Workers | § 218.30 Remotely controlled switches. | FRA | [44 FR 2175, Jan. 10, 1979, as amended at 48 FR 6123, Feb. 10, 1983] | (a) After the operator of the remotely controlled switches has received the notification required by § 218.27(c), he must line each remotely controlled switch against movement to that track and apply an effective locking device to the lever, button, or other device controlling the switch before he may inform the employee in charge of the workers that protection has been provided. (b) The operator may not remove the locking device unless he has been informed by the person in charge of the workers that it is safe to do so. (c) The operator must maintain for 15 days a written record of each notification which contains the following information: (1) The name and craft of the employee in charge who provided the notification; (2) The number or other designation of the track involved; (3) The date and time the operator notified the employee in charge that protection had been provided in accordance with paragraph (a) of this section; and (4) The date and time the operator was informed that the work had been completed, and the name and craft of the employee in charge who provided this information. | ||||
| 49:49:4.1.1.1.13.3.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.31 Scope. | FRA | [42 FR 5065, Jan. 27, 1977] | This subpart prescribes minimum operating rule requirements for the protection of railroad employees engaged in the operation of trains, locomotives and other rolling equipment. | ||||
| 49:49:4.1.1.1.13.3.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.35 Yard limits. | FRA | [42 FR 5065, Jan. 27, 1977] | (a) After August 1, 1977, yard limits must be designated by— (1) Yard limit signs, and (2) Timetable, train orders, or special instructions. (b) After August 1, 1977, each railroad must have in effect an operating rule which complies with the requirements set forth below: (1) The main tracks within yard limits may be used, clearing the time an approaching designated class train is due to leave the nearest station where time is shown. In case of failure to clear the time of designated class trains, protection must be provided as § 218.37. In yard limits where main tracks are governed by block signal system rules, protection as prescribed by § 218.37 is not required. (2) Trains and engines, except designated class trains, within yard limits must move prepared to stop within onehalf the range of vision but not exceeding 20 m.p.h. unless the main track is known to be clear by block signal indications. (3) Within yard limits, movements against the current of traffic on the main tracks must not be made unless authorized and protected by train order, yardmaster, or other designated official and only under the operating restrictions prescribed in § 218.35(b)(2). (c) Each railroad shall designate in the operating rule prescribed under paragraph (b) of this section the class or classes of trains which shall have superiority on the main track within yard limits. | ||||
| 49:49:4.1.1.1.13.3.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.37 Flag protection. | FRA | [42 FR 5065, Jan. 27, 1977, as amended at 42 FR 38362, July 28, 1977; 73 FR 8498, Feb. 13, 2008] | (a) After August 1, 1977, each railroad must have in effect an operating rule which complies with the requirements set forth below: (1) Except as provided in paragraph (a)(2) of this section, flag protection shall be provided— (i) When a train is moving on the main track at less than one-half the maximum authorized speed (including slow order limits) in that territory, flag protection against following trains on the same track must be provided by a crew member by dropping off single lighted fusees at intervals that do not exceed the burning time of the fusee. (ii) When a train is moving on the main track at more than one-half the maximum authorized speed (including slow order limits) in that territory under circumstances in which it may be overtaken, crew members responsible for providing protection will take into consideration the grade, curvature of track, weather conditions, sight distance and relative speed of his train to following trains and will be governed accordingly in the use of fusees. (iii) When a train stops on main track, flag protection against following trains on the same track must be provided as follows: A crew member with flagman's signals must immediately go back at least the distance prescribed by timetable or other instructions for the territory and display one lighted fusee. The crew member may then return one-half of the distance to the crew member's train where the crew member must remain until the crew member has stopped the approaching train or is recalled. When recalled, the crew member must leave one lighted fusee and while returning to the crew member's train, the crew member must also place single lighted fusees at intervals that do not exceed the burning time of the fusee. When the train departs, a crew member must leave one lighted fusee and until the train resumes speed not less than one-half the maximum authorized speed (including slow order limits) in that territory, the crew member must drop off single lighted fusees at intervals that do not exceed the burning time of the… | ||||
| 49:49:4.1.1.1.13.3.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.39 Hump operations. | FRA | [49 FR 6497, Feb. 22, 1984] | After June 30, 1984, each railroad that operates a remote control hump yard facility must have in effect an operating rule that adopts the following provisions in substance: (a) When a train or engine service employee is required to couple an air hose or to adjust a coupling device and that activity will require that the employee place himself between pieces of rolling equipment located on a bowl track, the operator of any remotely controlled switch that provides access from the apex of the hump to the track on which the rolling equipment is located shall be notified; (b) Upon such notification, the operator of such remotely controlled switch shall line it against movement to the affected bowl track and shall apply a locking or blocking device to the control for that switch; and (c) The operator shall then notify the employee that the requested protection has been provided and shall remove the locking or blocking device only after being notified by the employee that protection is no longer required on that track. | ||||
| 49:49:4.1.1.1.13.3.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | C | Subpart C—Protection of Trains and Locomotives | § 218.41 Noncompliance with hump operations rule. | FRA | [90 FR 28144, July 1, 2025] | A person (including a railroad and any manager, supervisor, official, or other employee or agent of a railroad) who fails to comply with a railroad's operating rule issued pursuant to § 218.39 is subject to a penalty. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.4.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.51 Purpose. | FRA | [54 FR 5492, Feb. 3, 1989, as amended at 58 FR 36613, July 8, 1993] | (a) The purpose of this subpart is to prevent accidents and casualties that can result from the operation of trains when safety devices intended to improve the safety of their movement have been disabled. (b) This subpart does not prohibit intervention with safety devices that is permitted: (1) Under the provisions of § 236.566 or § 236.567 of this chapter; (2) Under the provisions of § 218.61 of this part; or (3) Under the provisions of § 229.9 of this chapter, provided that when a locomotive is being operated under the provision of § 229.9(b) a designated officer has been notified of the defective alerter or deadman pedal at the first available point of communication. | ||||
| 49:49:4.1.1.1.13.4.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.53 Scope and definitions. | FRA | [54 FR 5492, Feb. 3, 1989, as amended at 88 FR 70760, Oct. 12, 2023] | (a) This subpart establishes standards of conduct for railroads and individuals who operate or permit to be operated locomotives equipped with one or more of the safety devices identified in paragraph (c) of this section. (b) Disable means to unlawfully render a device incapable of proper and effective action or to materially impair the functioning of that device. (c) Safety Device means any locomotive-mounted equipment used either to assure the locomotive engineer is alert, not physically incapacitated, and aware of and complying with the indications of a signal system or other operational control system, or a system used to record data concerning the operations of that locomotive or the train it is powering. See appendix C to this part for a statement of agency policy on this subject. (d) The provisions in §§ 218.59 and 218.61 do not apply to locomotive-mounted image or audio recording equipment on freight locomotives. | ||||
| 49:49:4.1.1.1.13.4.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.55 Tampering prohibited. | FRA | [90 FR 28144, July 1, 2025] | Any individual who willfully disables a safety device is subject to a civil penalty and to disqualification from performing safety-sensitive functions on a railroad if found unfit for such duties under the procedures provided for in 49 CFR part 209. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.4.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.57 Responsibilities of individuals. | FRA | [90 FR 28144, July 1, 2025] | Any individual who knowingly operates a train, or permits it to be operated, when the controlling locomotive of that train is equipped with a disabled safety device, is subject to a civil penalty and to disqualification from performing safety-sensitive functions on a railroad if found to be unfit for such duties. See appendix B to this part for a statement of agency enforcement policy concerning violations of this section. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.4.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.59 Responsibilities of railroads. | FRA | [84 FR 23734, May 23, 2019, as amended at 90 FR 28144, July 1, 2025] | Any railroad that operates a train when the controlling locomotive of a train is equipped with a disabled safety device is subject to a civil penalty. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.13.4.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | D | Subpart D—Prohibition Against Tampering With Safety Devices | § 218.61 Authority to deactivate safety devices. | FRA | [54 FR 5492, Feb. 3, 1989, as amended at 58 FR 36613, July 8, 1993; 88 FR 70760, Oct. 12, 2023] | (a) For the purpose of this chapter, it is lawful to temporarily render a safety device incapable of proper or effective action or to materially impair its function if this action is taken as provided for in paragraph (b) or (c) of this section. (b) If a locomotive is equipped with a device to assure that the operator is alert or not physically incapacitated, that device may be deactivated when: (1) The locomotive is not the controlling locomotive; (2) The locomotive is performing switching operations and not hauling cars in a manner that constitutes a train movement under part 232 of this chapter: (3) The locomotive is dead-in-tow; or (4) The locomotive is a mid-train slave unit being controlled by radio from a remote location. (c) If a locomotive in commuter or intercity passenger service is equipped with a device to record data concerning the operation of that locomotive or the train it is powering, that device may be deactivated only under the provisions of § 229.135 of this chapter. Inward- and outward-facing image recording devices on commuter or intercity passenger locomotives may be deactivated only under the provisions of § 229.136 of this chapter. This section does not apply to inward- or outward-facing image recording devices that are installed on freight locomotives. | ||||
| 49:49:4.1.1.1.13.5.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.71 Purpose and scope. | FRA | This subpart prescribes minimum requirements governing protection of camp cars that house railroad employees. The rule does not apply to such cars while they are in a train. | |||||
| 49:49:4.1.1.1.13.5.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.73 Warning signal display. | FRA | (a) Warning signals, i.e., a white disk with the words “Occupied Camp Car” in black lettering during daylight hours and an illuminated white signal at night, displayed in accordance with § 218.75, § 218.77, or § 218.79 signify that employees are in, around, or in the vicinity of camp cars. Once the signals have been displayed— (1) The camp cars may not be moved for coupling to other rolling equipment or moved to another location; (2) Rolling equipment may not be placed on the same track so as to reduce or block the view of a warning signal; and (3) Rolling equipment may not pass a warning signal. (b) Warning signals indicating the presence of occupied camp cars, displayed in accordance with §§ 218.75 and 218.79, shall be displayed by a designated occupant of the camp cars or that person's immediate supervisor. The signal(s) shall be displayed as soon as such cars are placed on the track, and such signals may only be removed by those same individuals prior to the time the cars are moved to another location. | |||||
| 49:49:4.1.1.1.13.5.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.75 Methods of protection for camp cars. | FRA | When camp cars requiring protection are on either main track or track other than main track: (a) A warning signal shall be displayed at or near each switch providing access to that track; (b) The person in charge of the camp car occupants shall immediately notify the person responsible for directing train movements on that portion of the railroad where the camp cars are being parked; (c) Once notified of the presence of camp cars and their location on main track or other than main track, the person responsible for directing train movements on that portion of the railroad where the camp cars are being parked shall take appropriate action to alert affected personnel to the presence of the cars; (d) Each manually operating switch providing access to track on which the camp cars are located shall be lined against movement to that track and secured with an effective locking device and spiked; and (e) Each remotely controlled switch providing access to the track on which the camp cars are located shall be protected in accordance with § 218.77. | |||||
| 49:49:4.1.1.1.13.5.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.77 Remotely controlled switches. | FRA | (a) After the operator of the remotely controlled switch is notified that a camp car is to be placed on a particular track, he shall line such switch against movement to that track and apply an effective locking device applied to the lever, button, or other device controlling the switch before informing the person in charge of the camp car occupants that protection has been provided. (b) The operator may not remove the locking device until informed by the person in charge of the camp car occupants that protection is no longer required. (c) The operator shall maintain for 15 days a written record of each notification that contains the following information: (1) The name and craft of the employee in charge who provided the notification; (2) The number or other designation of the track involved; (3) The date and time the operator notified the employee in charge that protection had been provided in accordance with paragraph (a) of this section; and (4) The date and time the operator was informed that the work had been completed, and the name and craft of the employee in charge who provided this information. (d) When occupied camp cars are parked on main track, a derail, capable of restricting access to that portion of the track on which such equipment is located, shall be positioned no less than 150 feet from the end of such equipment and locked in a derailing position with an effective locking device, and a warning signal must be displayed at the derail. | |||||
| 49:49:4.1.1.1.13.5.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.79 Alternative methods of protection. | FRA | Instead of providing protection for occupied camp cars in accordance with § 218.75 or § 218.77, the following methods of protection may be used: (a) When occupied camp cars are on track other than main track: (1) A warning signal must be displayed at or near each switch providing access to or from the track; (2) Each switch providing entrance to or departure from the area must be lined against movement to the track and locked with an effective locking device; and (3) If the speed within this area is restricted to not more than five miles per hour, a derail, capable of restricting access to that portion of track on which the camp cars are located, will fulfill the requirements of a manually operated switch in compliance with paragraph (a)(2) of this section when positioned at least 50 feet from the end of the camp cars to be protected by the warning signal, when locked in a derailing position with an effective locking device, and when a warning signal is displayed at the derail. (b) Except as provided in paragraph (a) of this section, when occupied camp cars are on track other than main track: (1) A derail, capable of restricting access to that portion of the track on which such equipment is located, will fulfill the requirements of a manually operated switch when positioned no less than 150 feet from the end of such equipment; and (2) Each derail must be locked in a derailing position with an effective locking device and a warning signal must be displayed at each derail. | |||||
| 49:49:4.1.1.1.13.5.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | E | Subpart E—Protection of Occupied Camp Cars | § 218.80 Movement of occupied camp cars. | FRA | Occupied cars may not be humped or flat switched unless coupled to a locomotive. | |||||
| 49:49:4.1.1.1.13.6.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.91 Purpose and scope. | FRA | (a) The purpose of this subpart is to prevent accidents and casualties that can result from the mishandling of equipment, switches, and fixed derails. (b) This subpart prescribes minimum operating rule requirements for the handling of equipment, switches, and fixed derails. Each railroad may prescribe additional or more stringent requirements in its operating rules, timetables, timetable special instructions, and other instructions. | |||||
| 49:49:4.1.1.1.13.6.11.10 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.109 Hand-operated fixed derails. | FRA | (a)(1) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (2) Each railroad shall specify minimum requirements necessary for an adequate job briefing. (b) General. (1) The normal position of fixed derails is in the derailing position except as provided in part 218, subpart B of this chapter, or the railroad's operating rules or special instructions. (2) Fixed derails shall be kept in the derailing position whether or not any rolling and on-track maintenance-of-way equipment is on the tracks they protect, except as provided in paragraph (b)(1) of this section or when changed to permit movement. (3) Movement must not be made over a fixed derail in the derailing position. (c) Employees operating or verifying the position of a fixed derail shall: (1) Conduct job briefings, before work is begun, each time a work plan is changed, and at completion of the work; (2) Be qualified on the railroad's operating rules relating to the operation of the derail; (3) Be individually responsible for the position of the derail in use; (4) Determine that the target, if so equipped, corresponds with the derail's position; (5) Determine that the derail is secured by: (i) Placing the throw lever in the latch stand, if so equipped; (ii) Placing the lock or hook in the hasp, if so equipped; and (iii) Testing such latches, locks or hooks; and (6) Ensure that when not in use, derails are locked, hooked, or latched in the normal position if so equipped. | |||||
| 49:49:4.1.1.1.13.6.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.93 Definitions. | FRA | [73 FR 8498, Feb. 13, 2008, as amended at 73 FR 33902, June 16, 2008; 89 FR 25108, Apr. 9, 2024] | As used in this subpart— Clearance point means the location near a turnout beyond which it is unsafe for passage on an adjacent track(s). Where a person is permitted by a railroad's operating rules to ride the side of a car, a clearance point shall accommodate a person riding the side of a car. Correspondence of crossover switches means both crossover switches are lined for the crossover or both are lined for the straight tracks. Crossover means, for purposes of this subpart only, a track connection between two adjacent, but not necessarily parallel, tracks, consisting of two switches, which is intended to be used primarily for the purpose of crossing over from one track to another. Departure track means a track located in a classification yard where rolling equipment is placed and made ready for an outgoing train movement. Employee means an individual who is engaged or compensated by a railroad or by a contractor to a railroad to perform any of the duties defined in this subpart. Foul or fouling a track means rolling equipment or on-track maintenance-of-way equipment is located such that the end of the equipment is between the clearance point and the switch points leading to the track on which the equipment is standing. FRA means the Federal Railroad Administration. Hand-operated switch means any type of switch when operated by manual manipulation. For purposes of this subpart, a hand-operated switch does not include switches operated by push button or radio control when such switch is protected by distant switch indicators, switch point indicators, or other visual or audio verification that the switch points are lined for the intended route and fit properly. Highway-rail grade crossing means, for purposes of this subpart only, an at-grade crossing where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at grade, and is identified by a U.S. DOT National Highway-Rail Grade Crossing Inventory Number, or is marked b… | ||||
| 49:49:4.1.1.1.13.6.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.95 Instruction, training, and examination. | FRA | [73 FR 8498, Feb. 13, 2008, as amended at 73 FR 33902, June 16, 2008] | (a) Program. Beginning January 1, 2009, each railroad shall maintain a written program of instruction, training, and examination of employees for compliance with operating rules implementing the requirements of this subpart to the extent these requirements are pertinent to the employee's duties. If all requirements of this subpart are satisfied, a railroad may consolidate any portion of the instruction, training or examination required by this subpart with the program of instruction required under § 217.11 of this chapter. An employee who successfully completes all instruction, training, and examination required by this written program shall be considered qualified. (1) The written program of instruction, training, and examination shall address the requirements of this subpart, as well as consequences of noncompliance. (2) The written program of instruction, training, and examination shall include procedures addressing how the railroad qualifies employees in any technology necessary to accomplish work subject to the requirements of this subpart. Such procedures shall include, but are not limited to, those which explain: (i) The purpose for using the technology; (ii) How an employee will be expected to use the technology; (iii) How to detect malfunctioning equipment or deviations from proper procedures; (iv) How to respond when equipment malfunctions or deviations from proper procedures are detected; and (v) How to prevent unintentional interference with the proper functioning of the technology. (3) Implementation schedule for employees, generally. Each employee performing duties subject to the requirements in this subpart shall be initially qualified prior to July 1, 2009. (4) Beginning July 1, 2009, no employee shall perform work requiring compliance with the operating rules implementing the requirements of this subpart unless qualified on these rules within the previous three years. (5) The records of successful completion of instruction, examination and training required by this section shall doc… | ||||
| 49:49:4.1.1.1.13.6.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.97 Good faith challenge procedures. | FRA | (a) Employee responsibility. An employee shall inform the railroad or employer whenever the employee makes a good faith determination that the employee has been directed to either take actions that would violate FRA regulations regarding the handling of equipment, switches, and fixed derails as required by this subpart, or to take actions that would violate the railroad's operating rules implementing the requirements of this subpart. (b) General procedures. Each railroad or employer is responsible for the training of and compliance by its employees with the requirements of this subpart. (1) Each railroad or employer shall adopt and implement written procedures which guarantee each employee the right to challenge in good faith whether the procedures that will be used to accomplish a specific task comply with the requirements of this subpart or any operating rule relied upon to fulfill the requirements of this subpart. Each railroad or employer's written procedures shall provide for prompt and equitable resolution of challenges made in accordance with this subpart. (2) The written procedures required by this section shall indicate that the good faith challenge described in paragraph (b)(1) of this section is not intended to abridge any rights or remedies available to the employee under a collective bargaining agreement, or any Federal law including, but not limited to, 29 U.S.C. 651 et seq., 6 U.S.C. 1142, or 49 U.S.C. 20109. (3) Each affected employee shall be instructed on the written procedures required by this paragraph as part of the training prescribed by § 217.11 of this chapter. (4) A copy of the current written procedures shall be provided to each affected employee and made available for inspection and copying by representatives of the FRA during normal business hours. (c) The written procedures shall— (1) Grant each employee the right to challenge any directive which, based on the employee's good faith determination, would cause the employee to violate any requirement of this subpart or any o… | |||||
| 49:49:4.1.1.1.13.6.11.5 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.99 Shoving or pushing movements. | FRA | [73 FR 8498, Feb. 13, 2008, as amended at 73 FR 33902, June 16, 2008; 89 FR 25108, Apr. 9, 2024] | (a)(1) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (2) The following requirements for shoving or pushing movements do not apply to rolling equipment intentionally shoved or pushed to permit the rolling equipment to roll without power attached, i.e., free rolling equipment, during switching service activities known as kicking, humping, or dropping cars. (b) General movement requirements —(1) Job briefing. Rolling equipment shall not be shoved or pushed until the locomotive engineer participating in the move has been briefed by the employee who will direct the move. The job briefing shall include the means of communication to be used between the locomotive engineer and the employee directing the move and how point protection will be provided. (2) No unrelated tasks. During the shoving or pushing movement, the employee directing the movement shall not engage in any task unrelated to the oversight of the shoving or pushing movement. (3) Point protection. When rolling equipment or a lite locomotive train with two or more locomotives that is operated from a single control stand is shoved or pushed, point protection shall be provided by a crewmember or other qualified employee by: (i) Visually determining that the track is clear. The determination that the track is clear may be made with the aid of monitored cameras or other technological means, provided that it and the procedures for use provide an equivalent level of protection to that of a direct visual determination by a crewmember or other qualified employee properly positioned to make the observation as prescribed in this section and appendix D to this part; and (ii) Giving signals or instructions … | ||||
| 49:49:4.1.1.1.13.6.11.6 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.101 Leaving rolling and on-track maintenance-of-way equipment in the clear. | FRA | (a) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) Rolling and on-track maintenance-of-way equipment shall not be left where it will foul a connecting track unless: (1) The equipment is standing on a main track and a siding track switch that the equipment is fouling is lined for the main track on which the equipment is standing; or (2) The equipment is standing on a siding and a main track switch that the equipment is fouling is lined for the siding on which the equipment is standing; or (3) The equipment is standing on a yard switching lead track, and the yard track switch that the equipment is fouling is lined for the yard switching lead track on which the equipment is standing; or (4) The equipment is on an industry track beyond the clearance point of the switch leading to the industry. (c) Each railroad shall implement procedures that enable employees to identify clearance points and a means to identify locations where clearance points will not permit a person to safely ride on the side of a car. | |||||
| 49:49:4.1.1.1.13.6.11.7 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.103 Hand-operated switches, including crossover switches. | FRA | (a)(1) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (2) Each railroad shall specify minimum requirements necessary for an adequate job briefing. (b) General. Employees operating or verifying the position of a hand-operated switch shall: (1) Conduct job briefings, before work is begun, each time a work plan is changed, and at completion of the work; (2) Be qualified on the railroad's operating rules relating to the operation of the switch; (3) Be individually responsible for the position of the switch in use; (4) Visually determine that switches are properly lined for the intended route and that no equipment is fouling the switches; (5) Visually determine that the points fit properly and the target, if so equipped, corresponds with the switch's position; (6) After operating a switch and before making movements in either direction over the switch, ensure that the switch is secured from unintentional movement of the switch points; (7) Ensure that a switch is not operated while rolling and on-track maintenance-of-way equipment is fouling the switch, or standing or moving over the switch; and (8) After operating a switch, ensure that when not in use, each switch is locked, hooked, or latched, if so equipped. (c) Rolling and on-track maintenance-of-way equipment shall not foul a track until all hand-operated switches connected with the movement are properly lined, or in the case of hand-operated switches designed and permitted to be trailed through, until the intended route is seen to be clear or the train has been granted movement authority. When a conflicting movement is approaching a hand-operated switch, the track shall not be fouled or the switch oper… | |||||
| 49:49:4.1.1.1.13.6.11.8 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.105 Additional operational requirements for hand-operated main track switches. | FRA | (a) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) Designating switch position. The normal position of a hand-operated main track switch shall be designated by the railroad in writing and the switch shall be lined and locked in that position when not in use except when: (1) The train dispatcher directs otherwise with respect to the position of a hand-operated main track switch and the necessary protection is provided; or (2) The hand-operated switch is left in the charge of a crewmember of another train, a switchtender, or a roadway worker in charge. (c) Additional job briefing requirements for hand-operated main track switches. (1) Before a train or a train crew leaves the location where any hand-operated main track switch was operated, all crewmembers shall have verbal communication to confirm the position of the switch. (2) In the case of exclusive track occupancy authority established under § 214.321, foul time under § 214.323, or train coordination under § 214.325, when a roadway worker qualified to operate hand-operated main track switches is granted permission by the roadway worker in charge to occupy or otherwise use the limits of the exclusive track occupancy, such employee receiving permission to occupy the working limits shall report the position of any such switches operated upon expiration of the authority limits to the roadway worker in charge or to a designated intermediary employee who shall convey the switch position to the roadway worker in charge. (d) Releasing authority limits. In non-signaled territory, before an employee releases the limits of a main track authority and a hand-operated switch is used to clear the main track, an… | |||||
| 49:49:4.1.1.1.13.6.11.9 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | F | Subpart F—Handling Equipment, Switches, and Fixed Derails | § 218.107 Additional operational requirements for hand-operated crossover switches. | FRA | (a) Each railroad shall adopt and comply with an operating rule which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of an operating rule which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) Hand-operated crossover switches, generally. Both hand-operated switches of a crossover shall be properly lined before rolling and on-track maintenance-of-way equipment begins a crossover movement. A crossover movement shall be completed before either hand-operated crossover switch is restored to normal position. (c) Correspondence of hand-operated crossover switches. Hand-operated crossover switches shall be left in corresponding position except when: (1) Used to provide blue signal protection under § 218.27 of this part; or (2) Used for inaccessible track protection under § 214.327 of this chapter; or (3) Performing maintenance, testing or inspection of crossover switches in traffic control system (TCS) territory; or (4) One crew is using both tracks connected by the crossover during continuous switching operations. | |||||
| 49:49:4.1.1.1.13.7.11.1 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.121 Purpose and scope. | FRA | (a) The purpose of this subpart is to ensure that each train is adequately staffed and has appropriate safeguards in place for safe train operations under all operating conditions. (b) This subpart prescribes minimum requirements for the size of different train crews depending on the type of operation and operating conditions. The minimum crew size requirements reflect the safety risks posed to railroad employees, the public, and the environment. This subpart also prescribes minimum requirements for the location of a second crewmember on a moving train and promotes safe and effective teamwork. Each railroad may prescribe additional or more stringent requirements in its operating rules, timetables, timetable special instructions, and other instructions. (c) The requirements in this subpart are not applicable to a train operation controlled by a remote control operator as defined in § 229.5 of this chapter. | |||||
| 49:49:4.1.1.1.13.7.11.2 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.123 General train crew size safety requirements. | FRA | (a) General. Each railroad shall comply with the requirements of this subpart and may adopt its own rules or practices consistent with the requirements of this subpart. If any person, as defined in § 218.9 (including, but not limited to, each railroad, railroad officer, supervisor, and employee), violates any requirement of a railroad rule or practice implementing the requirements of this subpart, that person shall be considered to have violated the requirements of this subpart. (b) Two-person train crew size safety requirement. Except as provided in this subpart, each train shall be assigned a minimum of two crewmembers. (c) Hazardous materials. For the purposes of this paragraph (c), a tank car containing residue of a hazardous material as defined in § 171.8 of this title is not considered a loaded car. The exceptions in §§ 218.125 and 218.127 are not applicable, and the exceptions in § 218.129 apply as specified therein, when any train is: (1) A high-hazard flammable train (HHFT) as defined in § 171.8 of this title; (2) Transporting twenty (20) or more loaded tank cars or loaded intermodal portable tanks of any one or any combination of the hazardous materials identified in § 232.103(n)(6)(i)(B) of this chapter; or (3) Transporting one or more car loads of rail-security sensitive materials (RSSM) as defined in § 1580.3 of this title. (d) Location of crewmember(s) when the train is moving. A train crewmember that is not operating the train may be located anywhere outside of the operating cab of the controlling locomotive when the train is moving if: (1) The train crewmember is on the train, except when the train crewmember cannot perform the duties assigned without temporarily disembarking from the train; (2) The train crewmember and a locomotive engineer in the cab of the controlling locomotive can directly communicate with each other; (3) The train crewmember can continue to perform the duties assigned; and (4) The location does not violate any Federal railroad safety law, regulation, or ord… | |||||
| 49:49:4.1.1.1.13.7.11.3 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.125 Specific passenger and tourist train operation exceptions to crew size safety requirements. | FRA | The requirements in this subpart are not applicable to the following passenger and tourist train operations that are operated with a one-person train crew: (a) The train is a tourist train operation that is not part of the general railroad system of transportation; (b) A tourist train operation that is part of the general system of transportation or a passenger operation in which: (1) The locomotive engineer is moving cars empty of passengers; and (2) Passengers will not board the train's cars until the crew conducts a safety briefing on the safe operation and use of the train's exterior side doors, in accordance with § 238.135 of this chapter; (c) A tourist train operation that is part of the general system of transportation or a passenger operation involving a single self-propelled car or married-pair unit, e.g., an MU locomotive operation, where the locomotive engineer has direct access to the passenger seating compartment and (for passenger railroads subject to part 239 of this chapter) the passenger railroad's emergency preparedness plan for this operation is approved under § 239.201 of this chapter; (d) A rapid transit operation in an urban area, i.e., an urban rapid transit system that is connected with the general railroad system of transportation under the following conditions: (1) The operation is temporally separated from any conventional railroad operations; (2) There is an FTA-approved and designated State Safety Oversight (SSO) Agency that is qualified to provide safety oversight; and (3) The operator has an FTA/SSO-approved Public Transportation Agency Safety Plan in accordance with parts 673 and 674 of this title; or (e) Each passenger train operation with a one-person train crew established before June 10, 2024 with an approved passenger train emergency preparedness plan under part 239 of this chapter for the operation. | |||||
| 49:49:4.1.1.1.13.7.11.4 | 49 | Transportation | II | 218 | PART 218—RAILROAD OPERATING PRACTICES | G | Subpart G—Train Crew Size Safety Requirements | § 218.127 Specific freight train exceptions to crew size safety requirements. | FRA | The requirements in this subpart are not applicable to the following freight train operations that are operated with a one-person train crew: (a) Mine load out, plant dumping, or similar operation exception. A unit freight train: (1) Being loaded or unloaded in an assembly line manner; (2) Located on a track that is temporarily made inaccessible from the general railroad system of transportation; (3) Moving at a maximum authorized speed of 10 miles per hour or less; (4) Not requiring the one-person train crewmember to operate a hand-operated switch, fill out paperwork, or call signal indications during the loading or unloading process; and (5) If the operation is overseen by another person, typically in a tower or on the ground, requiring that person to have the capability of communicating with the one-person train crewmember operating the train. (b) [Reserved] |
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