DOT 49 CFR PART 217-2010 RAILROAD OPERATING RULES.pdf
《DOT 49 CFR PART 217-2010 RAILROAD OPERATING RULES.pdf》由会员分享,可在线阅读,更多相关《DOT 49 CFR PART 217-2010 RAILROAD OPERATING RULES.pdf(7页珍藏版)》请在麦多课文档分享上搜索。
1、200 49 CFR Ch. II (10110 Edition) 216.27 Chief Counsel, Federal Railroad Ad-ministration, Washington, DC 20590. Upon receipt of a petition, FRA will immediately contact the petitioner and make the necessary arrangements for a conference to be held at the ear-liest date acceptable to the petitioner.
2、At this conference, the petitioner will be afforded an opportunity to submit facts, arguments and proposals for modification or withdrawal of the Emergency order. If the controversy is not resolved at this conference and a hearing is desired, the petitioner must submit a written request for a hearin
3、g within fifteen (15) days after the con-ference. The hearing will commence within fourteen (14) calendar days of receipt of the request and will be con-ducted in accordance with sections 556 and 575, title 5, U.S.C. (c) Unless stayed or modified by the Administrator, the requirements of each Emerge
4、ncy order issued under this subpart shall remain in effect and be observed pending decision on a peti-tion for review. 216.27 Reservation of authority and discretion. The FRA may issue Emergency or-ders concerning track without regard to the procedures prescribed in this subpart whenever the Adminis
5、trator determines that immediate action is required to assure the public safety. PART 217RAILROAD OPERATING RULES Subpart AGeneral Sec. 217.1 Purpose. 217.2 Preemptive effect. 217.3 Application. 217.4 Definitions. 217.5 Penalty. 217.7 Operating rules; filing and record-keeping. 217.9 Program of oper
6、ational tests and in-spections; recordkeeping. 217.11 Program of instruction on operating rules; recordkeeping; electronic record-keeping. 217.13 Information collection. APPENDIX A TO PART 217SCHEDULE OF CIVIL PENALTIES AUTHORITY: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.49. SOURCE
7、: 39 FR 41176, Nov. 25, 1974, unless otherwise noted. Subpart AGeneral 217.1 Purpose. Through the requirements of this part, the Federal Railroad Administra-tion learns the condition of operating rules and practices with respect to trains and other rolling equipment in the railroad industry, and eac
8、h rail-road is required to instruct its employ-ees in operating practices. 217.2 Preemptive effect. 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
9、 law, regulation, or order cov-ering 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 secu-rity hazard; that is not incompatible with a law, regulation, or order of the
10、United States Government; and that does not unreasonably burden inter-state commerce. Section 20106 permits State tort actions arising from events or activities occurring on or after Jan-uary 18, 2002, for the following: viola-tion of the Federal standard of care es-tablished by regulation or order
11、issued by the Secretary of Transportation (with respect to railroad safety, such as these regulations) or the Secretary of Homeland Security (with respect to railroad security); a partys violation of, or failure to comply with, its own plan, rule, or standard that it created pursuant to a regulation
12、 or order issued by either of the two Secretaries; and a partys 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 burde
13、n interstate commerce. Nothing in section 20106 creates a Federal cause of action on be-half of an injured party or confers Fed-eral question jurisdiction for such State law causes of action. 73 FR 8495, Feb. 13, 2008 VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00210 Fmt 8010 Sfmt 801
14、0 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-201 Federal Railroad Administration, DOT 217.7 217.3 Application. (a) Except as provided in paragraph (b) of this section, this part applies to
15、 railroads that operate trains or other rolling equipment on standard gage track which is part of the general rail-road 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 tran
16、sportation; or (2) Rapid transit operations in an urban area that are not connected with the general railroad system of trans-portation. 40 FR 2690, Jan. 15, 1975, as amended at 54 FR 33229, Aug. 14, 1989 217.4 Definitions. As used in this part Associate Administrator for Safety means the Associate
17、Administrator for Safety of the Federal Railroad Admin-istration or that persons delegate as designated in writing. Class I, Class II, and Class III have the meaning assigned by regulations of the Interstate Commerce Commission (49 CFR part 1201; General Instructions 1 1), as those regulations may b
18、e revised and applied by order of the Commission (including modifications in class thresholds based revenue deflator ad-justments). Division headquarters means the loca-tion designated by the railroad where a high-level operating manager (e.g., a superintendent, division manager, or equivalent), who
19、 has jurisdiction over a portion of the railroad, has an office. FRA means the Federal Railroad Ad-ministration. Qualified means that a person has successfully completed all instruction, training, and examination programs re-quired by the railroad and this part and that the person, therefore, has ac
20、-tual knowledge or may reasonably be expected to have knowledge of the sub-ject on which the person is expected to be competent. System headquarters means the loca-tion designated by the railroad as the general office for the railroad system. 59 FR 43070, Aug. 22, 1994, as amended at 73 FR 8496, Feb
21、. 13, 2008 217.5 Penalty. Any person (an entity of any type covered under 1 U.S.C. 1, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilit
22、ies; any independent contractor providing goods or services to a rail-road; and any employee of such owner, manufacturer, lessor, lessee, or inde-pendent contractor) who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least $6
23、50 and not more than $25,000 per vio-lation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of re-peated violations has created an immi-nent hazard of death or injury to per-sons, or has caused death or in
24、jury, a penalty not to exceed $100,000 per viola-tion may be assessed. Each day a viola-tion continues shall constitute a sepa-rate offense. See appendix A to this part for a statement of agency civil penalty policy. 53 FR 28599, July 28, 1988, as amended at 53 FR 52927, Dec. 29, 1988; 63 FR 11620,
- 1.请仔细阅读文档,确保文档完整性,对于不预览、不比对内容而直接下载带来的问题本站不予受理。
- 2.下载的文档,不会出现我们的网址水印。
- 3、该文档所得收入(下载+内容+预览)归上传者、原创作者;如果您是本文档原作者,请点此认领!既往收益都归您。
下载文档到电脑,查找使用更方便
10000 积分 0人已下载
下载 | 加入VIP,交流精品资源 |
- 配套讲稿:
如PPT文件的首页显示word图标,表示该PPT已包含配套word讲稿。双击word图标可打开word文档。
- 特殊限制:
部分文档作品中含有的国旗、国徽等图片,仅作为作品整体效果示例展示,禁止商用。设计者仅对作品中独创性部分享有著作权。
- 关 键 词:
- DOT49CFRPART2172010RAILROADOPERATINGRULESPDF
链接地址:http://www.mydoc123.com/p-702075.html