1、100 49 CFR Ch. II (10110 Edition) 212.233 deemed to meet all requirements of this section and is qualified to conduct independent inspections of all types of highway-rail grade crossing warning systems for the purpose of determining compliance with Grade Crossing Signal System Safety Rules (49 CFR p
2、art 234), to make reports of those inspections, and to recommend institution of en-forcement actions when appropriate to promote compliance. 59 FR 50104, Sept. 30, 1994 212.233 Apprentice highway-rail grade crossing inspector. (a) An apprentice highway-rail grade crossing inspector shall be enrolled
3、 in a program of training prescribed by the Associate Administrator for Safety leading to qualification as a highway- rail grade crossing inspector. The ap-prentice inspector may not participate in investigative and surveillance ac-tivities, except as an assistant to a qualified State or FRA inspect
4、or while accompanying that qualified inspector. (b) Prior to being enrolled in the pro-gram the apprentice inspector shall demonstrate: (1) Working basic knowledge of elec-tricity; (2) The ability to use electrical test equipment in direct current and alter-nating current circuits; and (3) A basic k
5、nowledge of highway-rail grade crossing inspection and mainte-nance methods and procedures. 59 FR 50104, Sept. 30, 1994 212.235 Inapplicable qualification re-quirements. The Associate Administrator may de-termine that a specific requirement of this subpart is inapplicable to an iden-tified position
6、created by a State agen-cy if it is not relevant to the actual du-ties of the position. The determination is made in writing. 47 FR 41051, Sept. 16, 1982. Redesignated at 57 FR 28115, June 24, 1992. Further redesig-nated at 59 FR 50104, Sept. 30, 1994 PART 213TRACK SAFETY STANDARDS Subpart AGeneral
7、Sec. 213.1 Scope of part. 213.2 Preemptive effect. 213.3 Application. 213.4 Excepted track. 213.5 Responsibility for compliance. 213.7 Designation of qualified persons to su-pervise certain renewals and inspect track. 213.9 Classes of track: operating speed lim-its. 213.11 Restoration or renewal of
8、track under traffic conditions. 213.13 Measuring track not under load. 213.15 Penalties. 213.17 Waivers. 213.19 Information collection. Subpart BRoadbed 213.31 Scope. 213.33 Drainage. 213.37 Vegetation. Subpart CTrack Geometry 213.51 Scope. 213.53 Gage. 213.55 Alinement. 213.57 Curves; elevation and
9、 speed limita-tions. 213.59 Elevation of curved track; runoff. 213.63 Track surface. Subpart DTrack Structure 213.101 Scope. 213.103 Ballast; general. 213.109 Crossties. 213.110 Gage restraint measurement sys-tems. 213.113 Defective rails. 213.115 Rail end mismatch. 213.118 Continuous welded rail (C
10、WR); plan review and approval. 213.119 Continuous welded rail (CWR); plan contents. 213.121 Rail joints. 213.122 Torch cut rail. 213.123 Tie plates. 213.127 Rail fastening systems. 213.133 Turnouts and track crossings gen-erally. 213.135 Switches. 213.137 Frogs. 213.139 Spring rail frogs. 213.141 Se
11、lf-guarded frogs. 213.143 Frog guard rails and guard faces; gage. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS
12、-,-,-101 Federal Railroad Administration, DOT 213.3 Subpart ETrack Appliances and Track- Related Devices 213.201 Scope. 213.205 Derails Subpart FInspection 213.231 Scope. 213.233 Track inspections. 213.235 Inspection of switches, track cross-ings, and lift rail assemblies or other transition devices
13、 on moveable bridges. 213.237 Inspection of rail. 213.239 Special inspections. 213.241 Inspection records. Subpart GTrain Operations at Track Classes 6 and Higher 213.301 Scope of subpart. 213.303 Responsibility for compliance. 213.305 Designation of qualified individuals; general qualifications. 21
14、3.307 Class of track: operating speed lim-its. 213.309 Restoration or renewal of track under traffic conditions. 213.311 Measuring track not under load. 213.317 Waivers. 213.319 Drainage. 213.321 Vegetation. 213.323 Track gage. 213.327 Alinement. 213.329 Curves, elevation and speed limita-tions. 213
15、.331 Track surface. 213.333 Automated vehicle inspection sys-tems. 213.334 Ballast; general. 213.335 Crossties. 213.337 Defective rails. 213.339 Inspection of rail in service. 213.341 Initial inspection of new rail and welds. 213.343 Continuous welded rail (CWR). 213.345 Vehicle qualification testin
16、g. 213.347 Automotive or railroad crossings at grade. 213.349 Rail end mismatch. 213.351 Rail joints. 213.352 Torch cut rail. 213.353 Turnouts, crossovers, and lift rail as-semblies or other transition devices on moveable bridges. 213.355 Frog guard rails and guard faces; gage. 213.357 Derails. 213.
17、359 Track stiffness. 213.361 Right of way. 213.365 Visual inspections. 213.367 Special inspections. 213.369 Inspection records. APPENDIX A TO PART 213MAXIMUM ALLOW-ABLE CURVING SPEEDS APPENDIX B TO PART 213SCHEDULE OF CIVIL PENALTIES AUTHORITY: 49 U.S.C. 2010220114 and 20142; 28 U.S.C. 2461, note; a
18、nd 49 CFR 1.49(m). SOURCE: 63 FR 34029, June 22, 1998, unless otherwise noted. Subpart AGeneral 213.1 Scope of part. (a) This part prescribes minimum safety requirements for railroad track that is part of the general railroad sys-tem of transportation. The require-ments prescribed in this part apply
19、 to specific track conditions existing in isolation. Therefore, a combination of track conditions, none of which indi-vidually amounts to a deviation from the requirements in this part, may re-quire remedial action to provide for safe operations over that track. This part does not restrict a railroa
20、d from adopting and enforcing additional or more stringent requirements not in-consistent with this part. (b) Subparts A through F apply to track Classes 1 through 5. Subpart G and 213.2, 213.3, and 213.15 apply to track over which trains are operated at speeds in excess of those permitted over Clas
21、s 5 track. 213.2 Preemptive effect. Under 49 U.S.C. 20106, issuance of these regulations preempts any State law, regulation, or order covering the same subject matter, except an addi-tional or more stringent law, regula-tion, or order that is necessary to eliminate or reduce an essentially local saf
22、ety hazard; is not incompatible with a law, regulation, or order of the United States Government; and that does not impose an unreasonable bur-den on interstate commerce. 213.3 Application. (a) Except as provided in paragraph (b) of this section, this part applies to all standard gage track in the g
23、eneral railroad system of transportation. (b) This part does not apply to track (1) Located inside an installation which is not part of the general rail-road system of transportation; or (2) Used exclusively for rapid transit operations in an urban area that are not connected with the general rail-r
24、oad system of transportation. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-102 49 CFR Ch. II (10110 Editio
25、n) 213.4 213.4 Excepted track. A track owner may designate a seg-ment of track as excepted track pro-vided that (a) The segment is identified in the timetable, special instructions, general order, or other appropriate records which are available for inspection dur-ing regular business hours; (b) The
26、 identified segment is not lo-cated within 30 feet of an adjacent track which can be subjected to simul-taneous use at speeds in excess of 10 miles per hour; (c) The identified segment is in-spected in accordance with 213.233(c) and 213.235 at the frequency specified for Class 1 track; (d) The ident
27、ified segment of track is not located on a bridge including the track approaching the bridge for 100 feet on either side, or located on a pub-lic street or highway, if railroad cars containing commodities required to be placarded by the Hazardous Materials Regulations (49 CFR part 172), are moved ov
28、er the track; and (e) The railroad conducts operations on the identified segment under the following conditions: (1) No train shall be operated at speeds in excess of 10 miles per hour; (2) No occupied passenger train shall be operated; (3) No freight train shall be operated that contains more than
29、five cars re-quired to be placarded by the Haz-ardous Materials Regulations (49 CFR part 172); and (4) The gage on excepted track shall not be more than 4 feet 1014 inches. This paragraph (e)(4) is applicable Sep-tember 21, 1999. (f) A track owner shall advise the ap-propriate FRA Regional Office at
30、 least 10 days prior to removal of a segment of track from excepted status. 63 FR 34029, June 22, 1998 213.5 Responsibility for compliance. (a) Except as provided in paragraph (b) of this section, any owner of track to which this part applies who knows or has notice that the track does not comply wi
31、th the requirements of this part, shall (1) Bring the track into compliance; (2) Halt operations over that track; or (3) Operate under authority of a per-son designated under 213.7(a), who has at least one year of supervisory experi-ence in railroad track maintenance, subject to conditions set forth
32、 in this part. (b) If an owner of track to which this part applies designates a segment of track as excepted track under the provisions of 213.4, operations may continue over that track without com-plying with the provisions of subparts B, C, D, and E of this part, unless oth-erwise expressly stated
33、. (c) If an owner of track to which this part applies assigns responsibility for the track to another person (by lease or otherwise), written notification of the assignment shall be provided to the appropriate FRA Regional Office at least 30 days in advance of the assign-ment. The notification may b
34、e made by any party to that assignment, but shall be in writing and include the fol-lowing (1) The name and address of the track owner; (2) The name and address of the per-son to whom responsibility is assigned (assignee); (3) A statement of the exact relation-ship between the track owner and the as
35、signee; (4) A precise identification of the track; (5) A statement as to the competence and ability of the assignee to carry out the duties of the track owner under this part; and (6) A statement signed by the as-signee acknowledging the assignment to him of responsibility for purposes of compliance
36、 with this part. (d) The Administrator may hold the track owner or the assignee or both re-sponsible for compliance with this part and subject to penalties under 213.15. (e) A common carrier by railroad which is directed by the Surface Trans-portation Board to provide service over the track of anoth
37、er railroad under 49 U.S.C. 11123 is considered the owner of that track for the purposes of the ap-plication of this part during the period the directed service order remains in effect. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones
38、 on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-103 Federal Railroad Administration, DOT 213.7 (f) When any person, including a con-tractor for a railroad or track owner, performs any function required by this part, that pe
39、rson is required to perform that function in accordance with this part. 213.7 Designation of qualified per-sons to supervise certain renewals and inspect track. (a) Each track owner to which this part applies shall designate qualified persons to supervise restorations and renewals of track under tra
40、ffic condi-tions. Each person designated shall have (1) At least (i) 1 year of supervisory experience in railroad track maintenance; or (ii) A combination of supervisory ex-perience in track maintenance and training from a course in track mainte-nance or from a college level edu-cational program rel
41、ated to track maintenance; (2) Demonstrated to the owner that he or she (i) Knows and understands the re-quirements of this part; (ii) Can detect deviations from those requirements; and (iii) Can prescribe appropriate reme-dial action to correct or safely com-pensate for those deviations; and (3) Wr
42、itten authorization from the track owner to prescribe remedial ac-tions to correct or safely compensate for deviations from the requirements in this part. (b) Each track owner to which this part applies shall designate qualified persons to inspect track for defects. Each person designated shall have
43、 (1) At least (i) 1 year of experience in railroad track inspection; or (ii) A combination of experience in track inspection and training from a course in track inspection or from a college level educational program re-lated to track inspection; (2) Demonstrated to the owner that he or she (i) Knows
44、 and understands the re-quirements of this part; (ii) Can detect deviations from those requirements; and (iii) Can prescribe appropriate reme-dial action to correct or safely com-pensate for those deviations; and (3) Written authorization from the track owner to prescribe remedial ac-tions to correc
45、t or safely compensate for deviations from the requirements of this part, pending review by a qualified person designated under paragraph (a) of this section. (c) Individuals designated under paragraphs (a) or (b) of this section that inspect continuous welded rail (CWR) track or supervise the insta
46、lla-tion, adjustment, and maintenance of CWR track in accordance with the written procedures of the track owner shall have: (1) Current qualifications under ei-ther paragraph (a) or (b) of this sec-tion; (2) Successfully completed a com-prehensive training course specifically developed for the appli
47、cation of writ-ten CWR procedures issued by the track owner; (3) Demonstrated to the track owner that the individual: (i) Knows and understands the re-quirements of those written CWR pro-cedures; (ii) Can detect deviations from those requirements; and (iii) Can prescribe appropriate reme-dial action
48、 to correct or safely com-pensate for those deviations; and (4) Written authorization from the track owner to prescribe remedial ac-tions to correct or safely compensate for deviations from the requirements in those procedures and successfully com-pleted a recorded examination on those procedures as
49、 part of the qualification process. (d) Persons not fully qualified to su-pervise certain renewals and inspect track as required in paragraphs (a) through (c) of this section, but with at least one year of maintenance-of-way or signal experience, may pass trains over broken rails and pull aparts pro-vided that (1) The track owner determines the person to be qualified and, as part of doing so, trains, examines, and re-ex-amines the perso
