TRACK SAFETY STANDARDS

[Title 49 CFR 213]
[Code of Federal Regulations (annual edition) - October 1, 2006 Edition]
[Title 49 - TRANSPORTATION]
[Subtitle B - Other Regulations Relating to Transportation (Continued)]
[Chapter II - FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF]
[Part 213 - TRACK SAFETY STANDARDS]
[From the U.S. Government Publishing Office]

49TRANSPORTATION42006-10-012006-10-01falseTRACK SAFETY STANDARDS213PART 213TRANSPORTATIONOther Regulations Relating to Transportation (Continued)FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF
PART 213_TRACK SAFETY STANDARDS--Table of Contents

Subpart A_General

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 supervise certain renewals and
inspect track.

[[Page 95]]

213.9 Classes of track: operating speed limits.
213.11 Restoration or renewal of track under traffic conditions.
213.13 Measuring track not under load.
213.15 Penalties.
213.17 Waivers.
213.19 Information collection.

Subpart B_Roadbed

213.31 Scope.
213.33 Drainage.
213.37 Vegetation.

Subpart C_Track Geometry

213.51 Scope.
213.53 Gage.
213.55 Alinement.
213.57 Curves; elevation and speed limitations.
213.59 Elevation of curved track; runoff.
213.63 Track surface.

Subpart D_Track Structure

213.101 Scope.
213.103 Ballast; general.
213.109 Crossties.
213.110 Gage restraint measurement systems.
213.113 Defective rails.
213.115 Rail end mismatch.
213.119 Continuous welded rail (CWR); general.
213.121 Rail joints.
213.122 Torch cut rail.
213.123 Tie plates.
213.127 Rail fastening systems.
213.133 Turnouts and track crossings generally.
213.135 Switches.
213.137 Frogs.
213.139 Spring rail frogs.
213.141 Self-guarded frogs.
213.143 Frog guard rails and guard faces; gage.

Subpart E_Track Appliances and Track-Related Devices

213.201 Scope.
213.205 Derails

Subpart F_Inspection

213.231 Scope.
213.233 Track inspections.
213.235 Inspection of switches, track crossings, and lift rail
assemblies or other transition devices on moveable bridges.
213.237 Inspection of rail.
213.239 Special inspections.
213.241 Inspection records.

Subpart G_Train 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.
213.307 Class of track: operating speed limits.
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 limitations.
213.331 Track surface.
213.333 Automated vehicle inspection systems.
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 testing.
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 assemblies or other
transition devices on moveable bridges.
213.355 Frog guard rails and guard faces; gage.
213.357 Derails.
213.359 Track stiffness.
213.361 Right of way.
213.365 Visual inspections.
213.367 Special inspections.
213.369 Inspection records.

Appendix A to Part 213--Maximum Allowable Curving Speeds
Appendix B to Part 213--Schedule of Civil Penalties
Appendix C to Part 213--Statement of Agency Policy on the Safety of
Railroad Bridges

Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461, note;
and 49 CFR 1.49(m).

Source: 63 FR 34029, June 22, 1998, unless otherwise noted.

Subpart A_General

Sec. 213.1 Scope of part.

(a) This part prescribes minimum safety requirements for railroad
track

[[Page 96]]

that is part of the general railroad system of transportation. The
requirements prescribed in this part apply to specific track conditions
existing in isolation. Therefore, a combination of track conditions,
none of which individually amounts to a deviation from the requirements
in this part, may require remedial action to provide for safe operations
over that track. This part does not restrict a railroad from adopting
and enforcing additional or more stringent requirements not inconsistent
with this part.
(b) Subparts A through F apply to track Classes 1 through 5. Subpart
G and 213.2, 213.3, and 213.15 apply to track over which trains are
operated at speeds in excess of those permitted over Class 5 track.

Sec. 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 additional or more stringent law, regulation, or order that is
necessary to eliminate or reduce an essentially local safety hazard; is
not incompatible with a law, regulation, or order of the United States
Government; and that does not impose an unreasonable burden on
interstate commerce.

Sec. 213.3 Application.

(a) Except as provided in paragraph (b) of this section, this part
applies to all standard gage track in the general railroad system of
transportation.
(b) This part does not apply to track--
(1) Located inside an installation which is not part of the general
railroad system of transportation; or
(2) Used exclusively for rapid transit operations in an urban area
that are not connected with the general railroad system of
transportation.

Sec. 213.4 Excepted track.

A track owner may designate a segment of track as excepted track
provided that--
(a) The segment is identified in the timetable, special
instructions, general order, or other appropriate records which are
available for inspection during regular business hours;
(b) The identified segment is not located within 30 feet of an
adjacent track which can be subjected to simultaneous use at speeds in
excess of 10 miles per hour;
(c) The identified segment is inspected in accordance with
213.233(c) and 213.235 at the frequency specified for Class 1 track;
(d) The identified segment of track is not located on a bridge
including the track approaching the bridge for 100 feet on either side,
or located on a public street or highway, if railroad cars containing
commodities required to be placarded by the Hazardous Materials
Regulations (49 CFR part 172), are moved over the track; and
(e) The railroad conducts operations on the identified segment under
the following conditions:
(1) No train shall be operated at speeds in excess of 10 miles per
hour;
(2) No occupied passenger train shall be operated;
(3) No freight train shall be operated that contains more than five
cars required to be placarded by the Hazardous Materials Regulations (49
CFR part 172); and
(4) The gage on excepted track shall not be more than 4 feet 10\1/4\
inches. This paragraph (e)(4) is applicable September 21, 1999.
(f) A track owner shall advise the appropriate FRA Regional Office
at least 10 days prior to removal of a segment of track from excepted
status.

[63 FR 34029, June 22, 1998]

Sec. 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 with the requirements of this part, shall--
(1) Bring the track into compliance;
(2) Halt operations over that track; or
(3) Operate under authority of a person designated under Sec.
213.7(a), who has at least one year of supervisory experience in
railroad track maintenance, subject to conditions set forth in this
part.
(b) If an owner of track to which this part applies designates a
segment of track as ``excepted track'' under the

[[Page 97]]

provisions of Sec. 213.4, operations may continue over that track
without complying with the provisions of subparts B, C, D, and E of this
part, unless otherwise expressly stated.
(c) If an owner of track to which this part applies assigns
responsibility for the track to another person (by lease or otherwise),
written notification of the assignment shall be provided to the
appropriate FRA Regional Office at least 30 days in advance of the
assignment. The notification may be made by any party to that
assignment, but shall be in writing and include the following--
(1) The name and address of the track owner;
(2) The name and address of the person to whom responsibility is
assigned (assignee);
(3) A statement of the exact relationship between the track owner
and the assignee;
(4) A precise identification of the track;
(5) A statement as to the competence and ability of the assignee to
carry out the duties of the track owner under this part; and
(6) A statement signed by the assignee acknowledging the assignment
to him of responsibility for purposes of compliance with this part.
(d) The Administrator may hold the track owner or the assignee or
both responsible for compliance with this part and subject to penalties
under Sec. 213.15.
(e) A common carrier by railroad which is directed by the Surface
Transportation Board to provide service over the track of another
railroad under 49 U.S.C. 11123 is considered the owner of that track for
the purposes of the application of this part during the period the
directed service order remains in effect.
(f) When any person, including a contractor for a railroad or track
owner, performs any function required by this part, that person is
required to perform that function in accordance with this part.

Sec. 213.7 Designation of qualified persons 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
traffic conditions. Each person designated shall have--
(1) At least--
(i) 1 year of supervisory experience in railroad track maintenance;
or
(ii) A combination of supervisory experience in track maintenance
and training from a course in track maintenance or from a college level
educational program related to track maintenance;
(2) Demonstrated to the owner that he or she--
(i) Knows and understands the requirements of this part;
(ii) Can detect deviations from those requirements; and
(iii) Can prescribe appropriate remedial action to correct or safely
compensate for those deviations; and
(3) Written authorization from the track owner to prescribe remedial
actions 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--
(1) At least--
(i) 1 year of experience in railroad track inspection; or
(ii) A combination of experience in track inspection and training
from a course in track inspection or from a college level educational
program related to track inspection;
(2) Demonstrated to the owner that he or she--
(i) Knows and understands the requirements of this part;
(ii) Can detect deviations from those requirements; and
(iii) Can prescribe appropriate remedial action to correct or safely
compensate for those deviations; and
(3) Written authorization from the track owner to prescribe remedial
actions to correct or safely compensate for deviations from the
requirements of this part, pending review by a qualified person
designated under paragraph (a) of this section.
(c) Persons not fully qualified to supervise certain renewals and
inspect track as outlined in paragraphs (a) and (b) of this section, but
with at least one

[[Page 98]]

year of maintenance-of-way or signal experience, may pass trains over
broken rails and pull aparts provided that--
(1) The track owner determines the person to be qualified and, as
part of doing so, trains, examines, and re-examines the person
periodically within two years after each prior examination on the
following topics as they relate to the safe passage of trains over
broken rails or pull aparts: rail defect identification, crosstie
condition, track surface and alinement, gage restraint, rail end
mismatch, joint bars, and maximum distance between rail ends over which
trains may be allowed to pass. The sole purpose of the examination is to
ascertain the person's ability to effectively apply these requirements
and the examination may not be used to disqualify the person from other
duties. A minimum of four hours training is adequate for initial
training;
(2) The person deems it safe and train speeds are limited to a
maximum of 10 m.p.h. over the broken rail or pull apart;
(3) The person shall watch all movements over the broken rail or
pull apart and be prepared to stop the train if necessary; and
(4) Person(s) fully qualified under Sec. 213.7 of this part are
notified and dispatched to the location promptly for the purpose of
authorizing movements and effecting temporary or permanent repairs.
(d) With respect to designations under paragraphs (a), (b), and (c)
of this section, each track owner shall maintain written records of--
(1) Each designation in effect;
(2) The basis for each designation; and
(3) Track inspections made by each designated qualified person as
required by Sec. 213.241. These records shall be kept available for
inspection or copying by the Federal Railroad Administration during
regular business hours.

Sec. 213.9 Classes of track: operating speed limits.

(a) Except as provided in paragraph (b) of this section and
Sec. Sec. 213.57(b), 213.59(a), 213.113(a), and 213.137(b) and (c), the
following maximum allowable operating speeds apply--

[In miles per hour]
------------------------------------------------------------------------
The maximum The maximum
Over track that meets all of the allowable allowable
requirements prescribed in this operating speed operating speed
part for-- for freight for passenger
trains is-- trains is--
------------------------------------------------------------------------
Excepted track.................... 10 N/A
Class 1 track..................... 10 15
Class 2 track..................... 25 30
Class 3 track..................... 40 60
Class 4 track..................... 60 80
Class 5 track..................... 80 90
------------------------------------------------------------------------

(b) If a segment of track does not meet all of the requirements for
its intended class, it is reclassified to the next lowest class of track
for which it does meet all of the requirements of this part. However, if
the segment of track does not at least meet the requirements for Class 1
track, operations may continue at Class 1 speeds for a period of not
more than 30 days without bringing the track into compliance, under the
authority of a person designated under Sec. 213.7(a), who has at least
one year of supervisory experience in railroad track maintenance, after
that person determines that operations may safely continue and subject
to any limiting conditions specified by such person.

Sec. 213.11 Restoration or renewal of track under traffic conditions.

If during a period of restoration or renewal, track is under traffic
conditions and does not meet all of the requirements prescribed in this
part, the work on the track shall be under the continuous supervision of
a person designated under Sec. 213.7(a) who has at least one year of
supervisory experience in

[[Page 99]]

railroad track maintenance, and subject to any limiting conditions
specified by such person. The term ``continuous supervision'' as used in
this section means the physical presence of that person at a job site.
However, since the work may be performed over a large area, it is not
necessary that each phase of the work be done under the visual
supervision of that person.

Sec. 213.13 Measuring track not under load.

When unloaded track is measured to determine compliance with
requirements of this part, the amount of rail movement, if any, that
occurs while the track is loaded must be added to the measurements of
the unloaded track.

Sec. 213.15 Penalties.

(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 $550 and not more than $11,000 per violation, except that:
Penalties may be assessed against individuals only for willful
violations, and, where a grossly negligent violation or a pattern of
repeated violations has created an imminent hazard of death or injury to
persons, or has caused death or injury, a penalty not to exceed $27,000
per violation may be assessed. ``Person'' means 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 facilities; any independent contractor providing
goods or services to a railroad; any employee of such owner,
manufacturer, lessor, lessee, or independent contractor; and anyone held
by the Federal Railroad Administrator to be responsible under Sec.
213.5(d) or Sec. 213.303(c). Each day a violation continues shall
constitute a separate offense. See appendix B to this part for a
statement of agency civil penalty policy.
(b) Any person who knowingly and willfully falsifies a record or
report required by this part may be subject to criminal penalties under
49 U.S.C. 21311.

[63 FR 34029, June 22, 1998, as amended at 69 FR 30593, May 28, 2004]

Sec. 213.17 Waivers.

(a) Any owner of track to which this part applies, or other person
subject to this part, may petition the Federal Railroad Administrator
for a waiver from any or all requirements prescribed in this part. The
filing of such a petition does not affect that person's responsibility
for compliance with that requirement while the petition is being
considered.
(b) Each petition for a waiver under this section shall be filed in
the manner and contain the information required by part 211 of this
chapter.
(c) If the Administrator finds that a waiver is in the public
interest and is consistent with railroad safety, the Administrator may
grant the exemption subject to any conditions the Administrator deems
necessary. Where a waiver is granted, the Administrator publishes a
notice containing the reasons for granting the waiver.

Sec. 213.19 Information collection.

(a) The information collection requirements of this part were
reviewed by the Office of Management and Budget pursuant to the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and are
assigned OMB control number 2130-0010.
(b) The information collection requirements are found in the
following sections: Sec. Sec. 213.4, 213.5, 213.7, 213.17, 213.57,
213.119, 213.122, 213.233, 213.237, 213.241, 213.303, 213.305, 213.317,
213.329, 213.333, 213.339, 213.341, 213.343, 213.345, 213.353, 213.361,
213.369.

Subpart B_Roadbed

Sec. 213.31 Scope.

This subpart prescribes minimum requirements for roadbed and areas
immediately adjacent to roadbed.

Sec. 213.33 Drainage.

Each drainage or other water carrying facility under or immediately
adjacent to the roadbed shall be maintained and kept free of
obstruction, to

[[Page 100]]

accommodate expected water flow for the area concerned.

Sec. 213.37 Vegetation.

Vegetation on railroad property which is on or immediately adjacent
to roadbed shall be controlled so that it does not--
(a) Become a fire hazard to track-carrying structures;
(b) Obstruct visibility of railroad signs and signals:
(1) Along the right-of-way, and
(2) At highway-rail crossings; (This paragraph (b)(2) is applicable
September 21, 1999.)
(c) Interfere with railroad employees performing normal trackside
duties;
(d) Prevent proper functioning of signal and communication lines; or
(e) Prevent railroad employees from visually inspecting moving
equipment from their normal duty stations.

Subpart C_Track Geometry

Sec. 213.51 Scope.

This subpart prescribes requirements for the gage, alinement, and
surface of track, and the elevation of outer rails and speed limitations
for curved track.

Sec. 213.53 Gage.

(a) Gage is measured between the heads of the rails at right-angles
to the rails in a plane five-eighths of an inch below the top of the
rail head.
(b) Gage shall be within the limits prescribed in the following
table--

----------------------------------------------------------------------------------------------------------------
Class of track The gage must be at least-- But not more than--
----------------------------------------------------------------------------------------------------------------
Excepted track.......................... N/A............................ 4[foot]10\1/4\.
Class 1 track........................... 4[foot]8............ 4[foot]10.
Class 2 and 3 track..................... 4[foot]8............ 4[foot]9\3/4\.
Class 4 and 5 track..................... 4[foot]8............ 4[foot]9\1/2\.
----------------------------------------------------------------------------------------------------------------

Sec. 213.55 Alinement.

Alinement may not deviate from uniformity more than the amount
prescribed in the following table:

----------------------------------------------------------------------------------------------------------------
Tangent track Curved track
--------------------------------------------------------
The deviation of The deviation of The deviation of
the mid-offset the mid-ordinate the mid-ordinate
Class of track from a 62-foot from a 31-foot from a 62-foot
line \1\ may not chord \2\ may not chord \2\ may not
be more than-- be more than-- be more than--
(inches) (inches) (inches)
----------------------------------------------------------------------------------------------------------------
Class 1 track.......................................... 5 \3\ N/A 5
Class 2 track.......................................... 3 \3\ N/A 3
Class 3 track.......................................... 1\3/4\ 1\1/4\ 1\3/4\
Class 4 track.......................................... 1\1/2\ 1 1\1/2\
Class 5 track.......................................... \3/4\ \1/2\ \5/8\
----------------------------------------------------------------------------------------------------------------
\1\ The ends of the line shall be at points on the gage side of the line rail, five-eighths of an inch below the
top of the railhead. Either rail may be used as the line rail, however, the same rail shall be used for the
full length of that tangential segment of track.
\2\ The ends of the chord shall be at points on the gage side of the outer rail, five-eighths of an inch below
the top of the railhead.
\3\ N/A--Not Applicable.

Sec. 213.57 Curves; elevation and speed limitations.

(a) The maximum crosslevel on the outside rail of a curve may not be
more than 8 inches on track Classes 1 and 2 and 7 inches on Classes 3
through 5. Except as provided in Sec. 213.63, the outside rail of a
curve may not be lower than the inside rail. (The first sentence of
paragraph (a) is applicable September 21, 1999.)
(b)(1) The maximum allowable operating speed for each curve is
determined by the following formula--
[GRAPHIC] [TIFF OMITTED] TR22JN98.001

[[Page 101]]

Where--

Vmax = Maximum allowable operating speed (miles per hour).
Ea = Actual elevation of the outside rail (inches).\1\
---------------------------------------------------------------------------

\1\ Actual elevation for each 155 foot track segment in the body of
the curve is determined by averaging the elevation for 10 points through
the segment at 15.5 foot spacing. If the curve length is less than 155
feet, average the points through the full length of the body of the
curve.
---------------------------------------------------------------------------

D = Degree of curvature (degrees).\2\
---------------------------------------------------------------------------

\2\ Degree of curvature is determined by averaging the degree of
curvature over the same track segment as the elevation.

(2) Table 1 of Appendix A is a table of maximum allowable operating
speed computed in accordance with this formula for various elevations
and degrees of curvature.
(c)(1) For rolling stock meeting the requirements specified in
paragraph (d) of this section, the maximum operating speed for each
curve may be determined by the following formula--
[GRAPHIC] [TIFF OMITTED] TR22JN98.002

Where--

Vmax = Maximum allowable operating speed (miles per hour).
Ea = Actual elevation of the outside rail (inches).\1\
D = Degree of curvature (degrees).\2\

(2) Table 2 of Appendix A is a table of maximum allowable operating
speed computed in accordance with this formula for various elevations
and degrees of curvature.
(d) Qualified equipment may be operated at curving speeds determined
by the formula in paragraph (c) of this section, provided each specific
class of equipment is approved for operation by the Federal Railroad
Administration and the railroad demonstrates that:
(1) When positioned on a track with a uniform 4-inch superelevation,
the roll angle between the floor of the equipment and the horizontal
does not exceed 5.7 degrees; and
(2) When positioned on a track with a uniform 6 inch superelevation,
no wheel of the equipment unloads to a value of 60 percent of its static
value on perfectly level track, and the roll angle between the floor of
the equipment and the horizontal does not exceed 8.6 degrees.
(3) The track owner shall notify the Federal Railroad Administrator
no less than 30 calendar days prior to the proposed implementation of
the higher curving speeds allowed under the formula in paragraph (c) of
this section. The notification shall be in writing and shall contain, at
a minimum, the following information--
(i) A complete description of the class of equipment involved,
including schematic diagrams of the suspension systems and the location
of the center of gravity above top of rail;
(ii) A complete description of the test procedure \3\ and
instrumentation used to qualify the equipment and the maximum values for
wheel unloading and roll angles which were observed during testing;
---------------------------------------------------------------------------

\3\ The test procedure may be conducted in a test facility whereby
all the wheels on one side (right or left) of the equipment are
alternately raised and lowered by 4 and 6 inches and the vertical wheel
loads under each wheel are measured and a level is used to record the
angle through which the floor of the equipment has been rotated.
---------------------------------------------------------------------------

(iii) Procedures or standards in effect which relate to the
maintenance of the suspension system for the particular class of
equipment; and
(iv) Identification of line segment on which the higher curving
speeds are proposed to be implemented.
(e) A track owner, or an operator of a passenger or commuter
service, who provides passenger or commuter service over trackage of
more than one track owner with the same class of equipment may provide
written notification to the Federal Railroad Administrator with the
written consent of the other affected track owners.
(f) Equipment presently operating at curving speeds allowed under
the formula in paragraph (c) of this section, by reason of conditional
waivers granted by the Federal Railroad Administration, shall be
considered to have successfully complied with the requirements of
paragraph (d) of this section.
(g) A track owner or a railroad operating above Class 5 speeds, may
request approval from the Federal Railroad Administrator to operate
specified equipment at a level of cant deficiency

[[Page 102]]

greater than four inches in accordance with Sec. 213.329(c) and (d) on
curves in Class 1 through 5 track which are contiguous to the high speed
track provided that--
(1) The track owner or railroad submits a test plan to the Federal
Railroad Administrator for approval no less than thirty calendar days
prior to any proposed implementation of the higher curving speeds. The
test plan shall include an analysis and determination of carbody
acceleration safety limits for each vehicle type which indicate wheel
unloading of 60 percent in a steady state condition and 80 percent in a
transient (point by point) condition. Accelerometers shall be laterally-
oriented and floor-mounted near the end of a representative vehicle of
each type;
(2) Upon FRA approval of a test plan, the track owner or railroad
conducts incrementally increasing train speed test runs over the curves
in the identified track segment(s) to demonstrate that wheel unloading
is within the limits prescribed in paragraph (g)(1) of this section;
(3) Upon FRA approval of a cant deficiency level, the track owner or
railroad inspects the curves in the identified track segment with a
Track Geometry Measurement System (TGMS) qualified in accordance with
Sec. 213.333 (b) through (g) at an inspection frequency of at least
twice annually with not less than 120 days interval between inspections;
and
(4) The track owner or railroad operates an instrumented car having
dynamic response characteristics that are representative of other
equipment assigned to service or a portable device that monitors on-
board instrumentation on trains over the curves in the identified track
segment at the revenue speed profile at a frequency of at least once
every 90-day period with not less than 30 days interval between
inspections. The instrumented car or the portable device shall monitor a
laterally-oriented accelerometer placed near the end of the vehicle at
the floor level. If the carbody lateral acceleration measurement exceeds
the safety limits prescribed in paragraph (g)(1), the railroad shall
operate trains at curving speeds in accordance with paragraph (b) or (c)
of this section; and
(5) The track owner or railroad shall maintain a copy of the most
recent exception printouts for the inspections required under paragraphs
(g)(3) and (4) of this section.

[63 FR 34029, June 22, 1998; 63 FR 54078, Oct. 8, 1998]

Sec. 213.59 Elevation of curved track; runoff.

(a) If a curve is elevated, the full elevation shall be provided
throughout the curve, unless physical conditions do not permit. If
elevation runoff occurs in a curve, the actual minimum elevation shall
be used in computing the maximum allowable operating speed for that
curve under Sec. 213.57(b).
(b) Elevation runoff shall be at a uniform rate, within the limits
of track surface deviation prescribed in Sec. 213.63, and it shall
extend at least the full length of the spirals. If physical conditions
do not permit a spiral long enough to accommodate the minimum length of
runoff, part of the runoff may be on tangent track.

Sec. 213.63 Track surface.

Each owner of the track to which this part applies shall maintain
the surface of its track within the limits prescribed in the following
table:

----------------------------------------------------------------------------------------------------------------
Class of track
------------------------------------------------------
Track surface 1 2 3 4 5
(inches) (inches) (inches) (inches) (inches)
----------------------------------------------------------------------------------------------------------------
The runoff in any 31 feet of rail at the end of a raise 3\1/2\ 3 2 1\1/2\ 1
may not be more than....................................
The deviation from uniform profile on either rail at the 3 2\3/4\ 2\1/4\ 2 1\1/4\
mid-ordinate of a 62-foot chord may not be more than....
The deviation from zero crosslevel at any point on 3 2 1\3/4\ 1\1/4\ 1
tangent or reverse crosslevel elevation on curves may
not be more than........................................
The difference in crosslevel between any two points less 3 2\1/4\ 2 1\3/4\ 1\1/2\
than 62 feet apart may not be more than* \1,2\..........

[[Page 103]]

* Where determined by engineering decision prior to the 2 1\3/4\ 1\1/4\ 1 \3/4\
promulgation of this rule, due to physical restrictions
on spiral length and operating practices and experience,
the variation in crosslevel on spirals per 31 feet may
not be more than........................................
----------------------------------------------------------------------------------------------------------------
\1\ Except as limited by Sec. 213.57(a), where the elevation at any point in a curve equals or exceeds 6
inches, the difference in crosslevel within 62 feet between that point and a point with greater elevation may
not be more than 1\1/2\ inches. (Footnote 1 is applicable September 21, 1999.)
\2\ However, to control harmonics on Class 2 through 5 jointed track with staggered joints, the crosslevel
differences shall not exceed 1\1/4\ inches in all of six consecutive pairs of joints, as created by 7 low
joints. Track with joints staggered less than 10 feet shall not be considered as having staggered joints.
Joints within the 7 low joints outside of the regular joint spacing shall not be considered as joints for
purposes of this footnote. (Footnote 2 is applicable September 21, 1999.)

[63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998]

Subpart D_Track Structure

Sec. 213.101 Scope.

This subpart prescribes minimum requirements for ballast, crossties,
track assembly fittings, and the physical conditions of rails.

Sec. 213.103 Ballast; general.

Unless it is otherwise structurally supported, all track shall be
supported by material which will--
(a) Transmit and distribute the load of the track and railroad
rolling equipment to the subgrade;
(b) Restrain the track laterally, longitudinally, and vertically
under dynamic loads imposed by railroad rolling equipment and thermal
stress exerted by the rails;
(c) Provide adequate drainage for the track; and
(d) Maintain proper track crosslevel, surface, and alinement.

Sec. 213.109 Crossties.

------------------------------------------------------------------------
Turnouts
Tangent and
track and curved
Class of track curves track
<=2 over 2
degrees degrees
------------------------------------------------------------------------
Class 1 track..................................... 5 6
Class 2 track..................................... 8 9
Class 3 track..................................... 8 10
Class 4 and 5 track............................... 12 14
------------------------------------------------------------------------

(e) Crossties counted to satisfy the requirements set forth in the
table in paragraph (d) of this section shall not be--
(1) Broken through;

[[Page 104]]

(2) Split or otherwise impaired to the extent the crossties will
allow the ballast to work through, or will not hold spikes or rail
fasteners;
(3) So deteriorated that the tie plate or base of rail can move
laterally \1/2\ inch relative to the crossties; or
(4) Cut by the tie plate through more than 40 percent of a
crosstie's thickness (this paragraph (e) is applicable September 21,
2000).
(f) Class 1 and Class 2 track shall have one crosstie whose
centerline is within 24 inches of each rail joint location, and Classes
3 through 5 track shall have one crosstie whose centerline is within 18
inches of each rail joint location or, two crossties whose centerlines
are within 24 inches either side of each rail joint location. The
relative position of these ties is described in the following diagrams:
[GRAPHIC] [TIFF OMITTED] TR22JN98.003

Each rail joint in Classes 1 and 2 track shall be supported by at least
one crosstie specified in paragraphs (c) and (d) of this section whose
centerline is within 48 shown above.
[GRAPHIC] [TIFF OMITTED] TR22JN98.004

Each rail joint in Classes 3 through 5 track shall be supported by
either at least one crosstie specified in paragraphs (c) and (d) of this
section whose centerline is within 36 shown above, or:

[[Page 105]]

[GRAPHIC] [TIFF OMITTED] TR22JN98.005

Two crossties, one on each side of the rail joint, whose centerlines are
within 24 of the rail joint location shown above.

(g) For track constructed without crossties, such as slab track,
track connected directly to bridge structural components and track over
servicing pits, the track structure shall meet the requirements of
paragraphs (b)(1)(i), (ii), and (iii) of this section.

[63 FR 34029, June 22, 1998; 63 FR 46102, Aug. 28, 1998]

Sec. 213.110 Gage restraint measurement systems.

(a) A track owner may elect to implement a Gage Restraint
Measurement System (GRMS), supplemented by the use of a Portable Track
Loading Fixture (PTLF), to determine compliance with the crosstie and
fastener requirements specified in Sec. Sec. 213.109 and 213.127
provided that--
(1) The track owner notifies the appropriate FRA Regional office at
least 30 days prior to the designation of any line segment on which GRMS
technology will be implemented; and
(2) The track owner notifies the appropriate FRA Regional office at
least 10 days prior to the removal of any line segment from GRMS
designation.
(b) Initial notification under paragraph (a)(1) of this section
shall include--
(1) Identification of the line segment(s) by timetable designation,
milepost limits, class of track, or other identifying criteria; and
(2) The most recent record of million gross tons of traffic per year
over the identified segment(s).
(c) The track owner shall also provide to FRA sufficient technical
data to establish compliance with the minimum design requirements of a
GRMS vehicle which specify that--
(1) Gage restraint shall be measured between the heads of rail--
(A) At an interval not exceeding 16 inches;
(B) Under an applied vertical load of no less than 10,000 pounds per
rail; and
(C) Under an applied lateral load which provides for a lateral/
vertical load ratio between 0.5 and 1.25, and a load severity greater
than 3,000 pounds but less than 8,000 pounds.
(d) Load severity is defined by the formula--S=L-cV

Where--

S=Load severity, defined as the lateral load applied to the fastener
system (pounds).
L=Actual lateral load applied (pounds).
c=Coefficient of friction between rail/tie which is assigned a nominal
value of (0.4).
V=Actual vertical load applied (pounds).

(e) The measured gage values shall be converted to a Projected
Loaded Gage 24 (PLG 24) as follows--
[GRAPHIC] [TIFF OMITTED] TR10JA01.000

Where--

UTG=Unloaded track gage measured by the GRMS vehicle at a point no less
than 10 feet from any lateral or vertical load application.
LTG=Loaded track gage measured by the GRMS vehicle at a point no more
than 12

[[Page 106]]

inches from the lateral load application point.
A=The extrapolation factor used to convert the measured loaded gage to
expected loaded gage under a 24,000 pound lateral load and a 33,000
pound vertical load.

For all track--
[GRAPHIC] [TIFF OMITTED] TR10JA01.001

Note: The A factor shall not exceed (3.184) under any valid loading
configuration.

where--

L=Actual lateral load applied (pounds).
V=Actual vertical load applied (pounds).

(f) The measured gage value shall be converted to a Gage Widening
Ratio (GWR) as follows--

[GRAPHIC] [TIFF OMITTED] TR10JA01.002

(g) The GRMS vehicle shall be capable of producing output reports
that provide a trace, on a constant-distance scale, of all parameters
specified in paragraph (l) of this section.
(h) The GRMS vehicle shall be capable of providing an exception
report containing a systematic listing of all exceptions, by magnitude
and location, to all the parameters specified in paragraph (l) of this
section.
(i) The exception reports required by this section shall be provided
to the appropriate person designated as fully qualified under Sec.
213.7 prior to the next inspection required under Sec. 213.233.
(j) The track owner shall institute the necessary procedures for
maintaining the integrity of the data collected by the GRMS and PTLF
systems. At a minimum, the track owner shall--
(1) Maintain and make available to the Federal Railroad
Administration documented calibration procedures on each GRMS vehicle
which, at a minimum, shall specify a daily instrument verification
procedure that will ensure correlation between measurements made on the
ground and those recorded by the instrumentation with respect to loaded
and unloaded gage parameters; and
(2) Maintain each PTLF used for determining compliance with the
requirements of this section such that the 4,000-pound reading is
accurate to within five percent of that reading.
(k) The track owner shall provide training in GRMS technology to all
persons designated as fully qualified under Sec. 213.7 and whose
territories are subject to the requirements of this section. The
training program shall be made available to the Federal Railroad
Administration upon request. At a minimum, the training program shall
address--
(1) Basic GRMS procedures;
(2) Interpretation and handling of exception reports generated by
the GRMS vehicle;
(3) Locating and verifying defects in the field;
(4) Remedial action requirements;
(5) Use and calibration of the PTLF; and
(6) Recordkeeping requirements.
(l) The GRMS record of lateral restraint shall identify two
exception levels. At a minimum, the track owner shall initiate the
required remedial action at each exception level as defined in the
following table--

[[Page 107]]

------------------------------------------------------------------------
If measurement value
GRMS parameter \1\ exceeds Remedial action required
------------------------------------------------------------------------
First Level Exception
------------------------------------------------------------------------
UTG................. 58 inches........... (1) Immediately protect the
exception location with a
10 mph speed restriction;
then verify location; and
(2) Restore lateral
restraint and maintain in
compliance with PTLF
criteria as described in
paragraph (m) of this
section; and
(3) Maintain compliance
with Sec. 213.53(b) of
this part as measured with
the PTLF.
------------------------------------------------------------------------
LTG.................. 58 inches...........
PLG24................ 59 inches...........
GWR.................. 1.0 inches..........
Second Level Exception
------------------------------------------------------------------------
LTG................. 57\3/4\ inches on \2\ Limit operating speed
Class 4 and 5 track to no more than the
\2\. maximum allowable under
Sec. 213.9 for Class 3
track; then verify
location; and
(1) Maintain in compliance
with PTLF criteria as
described in paragraph (m)
of this section; and
(2) Maintain compliance
with Sec. 213.53(b) of
this part as measured with
the PTLF.
PLG24................ 58 inches...........
GWR.................. 0.75 inches.........
------------------------------------------------------------------------
\1\ Definitions for the GRMS parameters referenced in this table are
found in paragraph (p) of this section.
\2\ This note recognizes that typical good track will increase in total
gage by as much as \1/4\ inch due to outward rail rotation under GRMS
loading conditions. For Class 2 & 3 track, the GRMS LTG values are
also increased by \1/4\ inch to a maximum of 58 inches. However, for
any Class of track, GRMS LTG values in excess of 58 inches are
considered First Level exceptions and the appropriate remedial actions
must be taken by the track owner. This \1/4\-inch increase in
allowable gage applies only to GRMS LTG. For gage measured by
traditional methods, or with the use of the PTLF, the table in Sec.
213.53(b) will apply.

(m) Between GRMS inspections, the PTLF may be used as an additional
analytical tool to assist fully qualified Sec. 213.7 individuals in
determining compliance with the crosstie and fastener requirements of
Sec. Sec. 213.109 and 213.127. When the PTLF is used, whether as an
additional analytical tool or to fulfill the requirements of paragraph
(l), it shall be used subject to the following criteria--
(1) At any location along the track that the PTLF is applied, that
location will be deemed in compliance with the crosstie and fastener
requirements specified in Sec. Sec. 213.109 and 213.127 provided that--
(i) The total gage widening at that location does not exceed \5/8\
inch when increasing the applied force from 0 to 4,000 pounds; and
(ii) The gage of the track under 4,000 pounds of applied force does
not exceed the allowable gage prescribed in Sec. 213.53(b) for the
class of track.
(2) Gage widening in excess of \5/8\ inch shall constitute a
deviation from Class 1 standards.
(3) A person designated as fully qualified under Sec. 213.7 retains
the discretionary authority to prescribe additional remedial actions for
those locations which comply with the requirements of paragraph
(m)(1)(i) and (ii) of this section.
(4) When a functional PTLF is not available to a fully qualified
person designated under Sec. 213.7, the criteria for determining
crosstie and fastener compliance shall be based solely on the
requirements specified in Sec. Sec. 213.109 and 213.127.
(5) If the PTLF becomes non-functional or is missing, the track
owner will replace or repair it before the next inspection required
under Sec. 213.233.
(6) Where vertical loading of the track is necessary for contact
with the lateral rail restraint components, a PTLF test will not be
considered valid until contact with these components is restored under
static loading conditions.
(n) The track owner shall maintain a record of the two most recent
GRMS inspections at locations which meet the requirements specified in
Sec. 213.241(b). At a minimum, records shall indicate the following--
(1) Location and nature of each First Level exception; and
(2) Nature and date of remedial action, if any, for each exception
identified in paragraph (n)(1) of this section.
(o) The inspection interval for designated GRMS line segments shall
be such that--

[[Page 108]]

(1) On line segments where the annual tonnage exceeds two million
gross tons, or where the maximum operating speeds for passenger trains
exceeds 30 mph, GRMS inspections must be performed annually at an
interval not to exceed 14 months; or
(2) On line segments where the annual tonnage is two million gross
tons or less and the maximum operating speed for passenger trains does
not exceed 30 mph, the interval between GRMS inspections must not exceed
24 months.
(p) As used in this section--
(1) Gage Restraint Measurement System (GRMS) means a track loading
vehicle meeting the minimum design requirements specified in this
section.
(2) Gage Widening Ratio (GWR) means the measured difference between
loaded and unloaded gage measurements, linearly normalized to 16,000
pounds of applied lateral load.
(3) L/V ratio means the numerical ratio of lateral load applied at a
point on the rail to the vertical load applied at that same point. GRMS
design requirements specify an L/V ratio of between 0.5 and 1.25. GRMS
vehicles using load combinations developing L/V ratios which exceed 0.8
must be operated with caution to protect against the risk of wheel climb
by the test wheelset.
(4) Load severity means the amount of lateral load applied to the
fastener system after friction between rail and tie is overcome by any
applied gage-widening lateral load.
(5) Loaded Track Gage (LTG) means the gage measured by the GRMS
vehicle at a point no more than 12 inches from the lateral load
application point.
(6) Portable Track Loading Fixture (PTLF) means a portable track
loading device capable of applying an increasing lateral force from 0 to
4,000 pounds on the web/base fillet of each rail simultaneously.
(7) Projected Loaded Gage (PLG) means an extrapolated value for
loaded gage calculated from actual measured loads and deflections. PLG
24 means the extrapolated value for loaded gage under a 24,000 pound
lateral load and a 33,000 pound vertical load.
(8) Unloaded Track Gage (UTG) means the gage measured by the GRMS
vehicle at a point no less than 10 feet from any lateral or vertical
load.

[66 FR 1899, Jan. 10, 2001; 66 FR 8372, Jan. 31, 2001]

Sec. 213.113 Defective rails.

(a) When an owner of track to which this part applies learns,
through inspection or otherwise, that a rail in that track contains any
of the defects listed in the following table, a person designated under
Sec. 213.7 shall determine whether or not the track may continue in
use. If he determines that the track may continue in use, operation over
the defective rail is not permitted until--
(1) The rail is replaced; or
(2) The remedial action prescribed in the table is initiated.

[[Page 109]]

[GRAPHIC] [TIFF OMITTED] TN28SE98.059

Notes A. Assign person designated under Sec. 213.7 to visually
supervise each operation over defective rail.
A2. Assign person designated under Sec. 213.7 to make visual
inspection. After a visual inspection, that person may authorize
operation to continue without continuous visual

[[Page 110]]

supervision at a maximum of 10 m.p.h. for up to 24 hours prior to
another such visual inspection or replacement or repair of the rail.
B. Limit operating speed over defective rail to that as authorized
by a person designated under Sec. 213.7(a), who has at least one year
of supervisory experience in railroad track maintenance. The operating
speed cannot be over 30 m.p.h. or the maximum allowable speed under
Sec. 213.9 for the class of track concerned, whichever is lower.
C. Apply joint bars bolted only through the outermost holes to
defect within 20 days after it is determined to continue the track in
use. In the case of Classes 3 through 5 track, limit operating speed
over defective rail to 30 m.p.h. until joint bars are applied;
thereafter, limit speed to 50 m.p.h. or the maximum allowable speed
under Sec. 213.9 for the class of track concerned, whichever is lower.
When a search for internal rail defects is conducted under Sec.
213.237, and defects are discovered in Classes 3 through 5 which require
remedial action C, the operating speed shall be limited to 50 m.p.h., or
the maximum allowable speed under Sec. 213.9 for the class of track
concerned, whichever is lower, for a period not to exceed 4 days. If the
defective rail has not been removed from the track or a permanent repair
made within 4 days of the discovery, limit operating speed over the
defective rail to 30 m.p.h. until joint bars are applied; thereafter,
limit speed to 50 m.p.h. or the maximum allowable speed under Sec.
213.9 for the class of track concerned, whichever is lower.
D. Apply joint bars bolted only through the outermost holes to
defect within 10 days after it is determined to continue the track in
use. In the case of Classes 3 through 5 track, limit operating speed
over the defective rail to 30 m.p.h. or less as authorized by a person
designated under Sec. 213.7(a), who has at least one year of
supervisory experience in railroad track maintenance, until joint bars
are applied; thereafter, limit speed to 50 m.p.h. or the maximum
allowable speed under Sec. 213.9 for the class of track concerned,
whichever is lower.
E. Apply joint bars to defect and bolt in accordance with Sec.
213.121(d) and (e).
F. Inspect rail 90 days after it is determined to continue the track
in use.
G. Inspect rail 30 days after it is determined to continue the track
in use.
H. Limit operating speed over defective rail to 50 m.p.h. or the
maximum allowable speed under Sec. 213.9 for the class of track
concerned, whichever is lower.
I. Limit operating speed over defective rail to 30 m.p.h. or the
maximum allowable speed under Sec. 213.9 for the class of track
concerned, whichever is lower.

(b) As used in this section--
(1) Transverse fissure means a progressive crosswise fracture
starting from a crystalline center or nucleus inside the head from which
it spreads outward as a smooth, bright, or dark, round or oval surface
substantially at a right angle to the length of the rail. The
distinguishing features of a transverse fissure from other types of
fractures or defects are the crystalline center or nucleus and the
nearly smooth surface of the development which surrounds it.
(2) Compound fissure means a progressive fracture originating in a
horizontal split head which turns up or down in the head of the rail as
a smooth, bright, or dark surface progressing until substantially at a
right angle to the length of the rail. Compound fissures require
examination of both faces of the fracture to locate the horizontal split
head from which they originate.
(3) Horizontal split head means a horizontal progressive defect
originating inside of the rail head, usually one-quarter inch or more
below the running surface and progressing horizontally in all
directions, and generally accompanied by a flat spot on the running
surface. The defect appears as a crack lengthwise of the rail when it
reaches the side of the rail head.
(4) Vertical split head means a vertical split through or near the
middle of the head, and extending into or through it. A crack or rust
streak may show under the head close to the web or pieces may be split
off the side of the head.
(5) Split web means a lengthwise crack along the side of the web and
extending into or through it.
(6) Piped rail means a vertical split in a rail, usually in the web,
due to failure of the shrinkage cavity in the ingot to unite in rolling.
(7) Broken base means any break in the base of the rail.
(8) Detail fracture means a progressive fracture originating at or
near the surface of the rail head. These fractures should not be
confused with transverse fissures, compound fissures, or other defects
which have internal origins. Detail fractures may arise from shelly
spots, head checks, or flaking.
(9) Engine burn fracture means a progressive fracture originating in
spots where driving wheels have slipped on top of the rail head. In
developing downward they frequently resemble the

[[Page 111]]

compound or even transverse fissures with which they should not be
confused or classified.
(10) Ordinary break means a partial or complete break in which there
is no sign of a fissure, and in which none of the other defects
described in this paragraph (b) are found.
(11) Damaged rail means any rail broken or injured by wrecks,
broken, flat, or unbalanced wheels, slipping, or similar causes.
(12) Flattened rail means a short length of rail, not at a joint,
which has flattened out across the width of the rail head to a depth of
\3/8\ inch or more below the rest of the rail. Flattened rail
occurrences have no repetitive regularity and thus do not include
corrugations, and have no apparent localized cause such as a weld or
engine burn. Their individual length is relatively short, as compared to
a condition such as head flow on the low rail of curves.
(13) Bolt hole crack means a crack across the web, originating from
a bolt hole, and progressing on a path either inclined upward toward the
rail head or inclined downward toward the base. Fully developed bolt
hole cracks may continue horizontally along the head/web or base/web
fillet, or they may progress into and through the head or base to
separate a piece of the rail end from the rail. Multiple cracks
occurring in one rail end are considered to be a single defect. However,
bolt hole cracks occurring in adjacent rail ends within the same joint
must be reported as separate defects.
(14) Defective weld means a field or plant weld containing any
discontinuities or pockets, exceeding 5 percent of the rail head area
individually or 10 percent in the aggregate, oriented in or near the
transverse plane, due to incomplete penetration of the weld metal
between the rail ends, lack of fusion between weld and rail end metal,
entrainment of slag or sand, under-bead or other shrinkage cracking, or
fatigue cracking. Weld defects may originate in the rail head, web, or
base, and in some cases, cracks may progress from the defect into either
or both adjoining rail ends.
(15) Head and web separation means a progressive fracture,
longitudinally separating the head from the web of the rail at the head
fillet area.

[63 FR 34029, June 22, 1998; 63 FR 51639, Sept. 28, 1998]

Sec. 213.115 Rail end mismatch.

Any mismatch of rails at joints may not be more than that prescribed
by the following table--

------------------------------------------------------------------------
Any mismatch of rails at joints may
not be more than the following--
-------------------------------------
Class of track On the tread of On the gage side
the rail ends of the rail ends
(inch) (inch)
------------------------------------------------------------------------
Class 1 track..................... \1/4\ \1/4\
Class 2 track..................... \1/4\ \3/16\
Class 3 track..................... \3/16\ \3/16\
Class 4 and 5 track............... \1/8\ \1/8\
------------------------------------------------------------------------

Sec. 213.119 Continuous welded rail (CWR); general.

Each track owner with track constructed of CWR shall have in effect
and comply with a plan that contains written procedures which address:
the installation, adjustment, maintenance and inspection of CWR;
inspection of joints in CWR; and a training program for the application
of those procedures. The plan shall be submitted to the Federal Railroad
Administration by March 22, 1999. FRA reviews each plan for compliance
with the following--
(a) Procedures for the installation and adjustment of CWR which
include--
(1) Designation of a desired rail installation temperature range for
the geographic area in which the CWR is located; and
(2) De-stressing procedures/methods which address proper attainment
of the desired rail installation temperature range when adjusting CWR.

[[Page 112]]

(b) Rail anchoring or fastening requirements that will provide
sufficient restraint to limit longitudinal rail and crosstie movement to
the extent practical, and specifically addressing CWR rail anchoring or
fastening patterns on bridges, bridge approaches, and at other locations
where possible longitudinal rail and crosstie movement associated with
normally expected train-induced forces, is restricted.
(c) Procedures which specifically address maintaining a desired rail
installation temperature range when cutting CWR including rail repairs,
in-track welding, and in conjunction with adjustments made in the area
of tight track, a track buckle, or a pull-apart. Rail repair practices
shall take into consideration existing rail temperature so that--
(1) When rail is removed, the length installed shall be determined
by taking into consideration the existing rail temperature and the
desired rail installation temperature range; and
(2) Under no circumstances should rail be added when the rail
temperature is below that designated by paragraph (a)(1) of this
section, without provisions for later adjustment.
(d) Procedures which address the monitoring of CWR in curved track
for inward shifts of alinement toward the center of the curve as a
result of disturbed track.
(e) Procedures which control train speed on CWR track when--
(1) Maintenance work, track rehabilitation, track construction, or
any other event occurs which disturbs the roadbed or ballast section and
reduces the lateral or longitudinal resistance of the track; and
(2) In formulating the procedures under this paragraph (e), the
track owner shall--
(i) Determine the speed required, and the duration and subsequent
removal of any speed restriction based on the restoration of the
ballast, along with sufficient ballast re-consolidation to stabilize the
track to a level that can accommodate expected train-induced forces.
Ballast re-consolidation can be achieved through either the passage of
train tonnage or mechanical stabilization procedures, or both; and
(ii) Take into consideration the type of crossties used.
(f) Procedures which prescribe when physical track inspections are
to be performed to detect buckling prone conditions in CWR track. At a
minimum, these procedures shall address inspecting track to identify--
(1) Locations where tight or kinky rail conditions are likely to
occur;
(2) Locations where track work of the nature described in paragraph
(e)(1) of this section have recently been performed; and
(3) In formulating the procedures under this paragraph (f), the
track owner shall--
(i) Specify the timing of the inspection; and
(ii) Specify the appropriate remedial actions to be taken when
buckling prone conditions are found.
(g) Procedures which prescribe the scheduling and conduct of
physical track inspections to detect cracks and other indications of
incipient failures in joints in CWR. This paragraph is effective January
3, 2006.
(1) At a minimum, these procedures shall address periodic and
special on-foot inspection of joints and of the track adjacent to
joints, in order to identify--
(i) Joint bars with visible or otherwise detectable cracks;
(ii) Loose, bent, or missing joint bolts;
(iii) Rail end batter or mismatch that contributes to impact loads
and instability of the joint; and
(iv) Evidence of excessive longitudinal rail movement in or near the
joint, including, but not limited to, wide rail gap, defective joint
bolts, disturbed ballast, surface deviations, gap between tie plates and
rail, or displaced rail anchors.
(2) In formulating the procedures under paragraph (g)(1) of this
section, the track owner shall--
(i) Implement a system for identifying each joint by its location in
track with sufficient precision that personnel can return to the joint
and identify it without ambiguity;
(ii) List each joint in an inventory that will enable personnel to
identify joints due for periodic inspection;

[[Page 113]]

(iii) Specify the conditions of potential joint failure for which
personnel must inspect, including, at a minimum, the items listed in
paragraph (g)(1) of this section;
(iv) Specify the appropriate remedial actions, consistent with this
part, that should be taken when personnel find conditions of potential
joint failure; and
(v) Specify the timing of the inspections, which should be based on
the configuration and condition of the joint. At a minimum, track owners
must specify that all joints in CWR in track classes 4 and higher must
be inspected before October 31, 2006 and within 190 days of the previous
inspection hereafter; and all joints in CWR in track classes 3, and
class 2 track on which passenger trains operate, must be inspected
before April 30, 2007 and within 370 days of the previous inspection
thereafter.
(3) In lieu of the requirements for the inspection of rail joints
contained in paragraphs (g)(1) and (2) of this section, a track owner
may seek approval from FRA to use alternate procedures.
(i) The track owner shall submit the alternate procedures and a
supporting statement of justification to the Associate Administrator for
Safety (Associate Administrator).
(ii) If the Associate Administrator finds that the alternate
procedures provide an equivalent or higher level of safety than the
requirements in paragraphs (g)(1) and (g)(2) of this section, the
Associate Administrator will approve the alternate procedures by
notifying the track owner in writing. The Associate Administrator will
specify in the written notification the date on which the procedures
will become effective, and after that date, the track owner shall comply
with the procedures. If the Associate Administrator determines that the
alternate procedures do not provide an equivalent level of safety, the
Associate Administrator will disapprove the alternate procedures in
writing, and the track owner shall continue to comply with the
requirements in paragraphs (g)(1) and (2) of this section.
(iii) While a determination is pending with the Associate
Administrator on a request submitted pursuant to paragraph (g)(3) of
this section, the track owner shall continue to comply with the
requirements contained in paragraphs (g)(1) and (2) of this section.
(h) The track owner shall have in effect a comprehensive training
program for the application of these written CWR procedures, with
provisions for periodic re-training, for those individuals designated
under Sec. 213.7 as qualified to supervise the installation,
adjustment, and maintenance of CWR track and to perform inspections of
CWR track.
(i) The track owner shall prescribe recordkeeping requirements
necessary to provide an adequate history of track constructed with CWR.
At a minimum, these records must include:
(1) Rail temperature, location and date of CWR installations. This
record shall be retained for at least one year;
(2) A record of any CWR installation or maintenance work that does
not conform with the written procedures. Such record shall include the
location of the rail and be maintained until the CWR is brought into
conformance with such procedures;
(3) Information on inspection of rail joints.
(i) After the initial inspection of each joint in accordance with
paragraph (g) of this section, the track owner must include in the
record:
(A) The location of each joint in CWR with such precision that the
joint can be located and identified in the field with no ambiguity;
(B) The results of the inspection of each joint; and
(C) Any remedial action required under the track owner's CWR plan.
(ii) Track owners shall maintain records required by paragraph
(i)(3)(i) in accordance with Sec. 213.241.
(j) As used in this section--
(1) Adjusting/De-stressing means the procedure by which a rail's
temperature is re-adjusted to the desired value. It typically consists
of cutting the rail and removing rail anchoring devices, which provides
for the necessary expansion and contraction, and then re-assembling the
track.
(2) Buckling Incident means the formation of a lateral mis-alinement
sufficient in magnitude to constitute a deviation from the Class 1
requirements

[[Page 114]]

specified in Sec. 213.55. These normally occur when rail temperatures
are relatively high and are caused by high longitudinal compressive
forces.
(3) Continuous Welded Rail (CWR) means rail that has been welded
together into lengths exceeding 400 feet.
(4) Desired Rail Installation Temperature Range means the rail
temperature range, within a specific geographical area, at which forces
in CWR should not cause a buckling incident in extreme heat, or a pull-
apart during extreme cold weather.
(5) Disturbed Track means the disturbance of the roadbed or ballast
section, as a result of track maintenance or any other event, which
reduces the lateral or longitudinal resistance of the track, or both.
(6) Mechanical Stabilization means a type of procedure used to
restore track resistance to disturbed track following certain
maintenance operations. This procedure may incorporate dynamic track
stabilizers or ballast consolidators, which are units of work equipment
that are used as a substitute for the stabilization action provided by
the passage of tonnage trains.
(7) Rail Anchors means those devices which are attached to the rail
and bear against the side of the crosstie to control longitudinal rail
movement. Certain types of rail fasteners also act as rail anchors and
control longitudinal rail movement by exerting a downward clamping force
on the upper surface of the rail base.
(8) Rail Temperature means the temperature of the rail, measured
with a rail thermometer.
(9) Tight/Kinky Rail means CWR which exhibits minute alinement
irregularities which indicate that the rail is in a considerable amount
of compression.
(10) Train-induced Forces means the vertical, longitudinal, and
lateral dynamic forces which are generated during train movement and
which can contribute to the buckling potential.
(11) Track Lateral Resistance means the resistance provided by the
rail/crosstie structure against lateral displacement.
(12) Track Longitudinal Resistance means the resistance provided by
the rail anchors/rail fasteners and the ballast section to the rail/
crosstie structure against longitudinal displacement.

[63 FR 34029, June 22, 1998; 63 FR 46102, Aug. 28, 1998; 63 FR 49382,
Sept. 15, 1998; 70 FR 66297, Nov. 2, 2005]

Sec. 213.121 Rail joints.

(a) Each rail joint, insulated joint, and compromise joint shall be
of a structurally sound design and dimensions for the rail on which it
is applied.
(b) If a joint bar on Classes 3 through 5 track is cracked, broken,
or because of wear allows excessive vertical movement of either rail
when all bolts are tight, it shall be replaced.
(c) If a joint bar is cracked or broken between the middle two bolt
holes it shall be replaced.
(d) In the case of conventional jointed track, each rail shall be
bolted with at least two bolts at each joint in Classes 2 through 5
track, and with at least one bolt in Class 1 track.
(e) In the case of continuous welded rail track, each rail shall be
bolted with at least two bolts at each joint.
(f) Each joint bar shall be held in position by track bolts
tightened to allow the joint bar to firmly support the abutting rail
ends and to allow longitudinal movement of the rail in the joint to
accommodate expansion and contraction due to temperature variations.
When no-slip, joint-to-rail contact exists by design, the requirements
of this paragraph do not apply. Those locations when over 400 feet in
length, are considered to be continuous welded rail track and shall meet
all the requirements for continuous welded rail track prescribed in this
part.
(g) No rail shall have a bolt hole which is torch cut or burned in
Classes 2 through 5 track. For Class 2 track, this paragraph (g) is
applicable September 21, 1999.
(h) No joint bar shall be reconfigured by torch cutting in Classes 3
through 5 track.

Sec. 213.122 Torch cut rail.

(a) Except as a temporary repair in emergency situations no rail
having a torch cut end shall be used in Classes 3 through 5 track. When
a rail end is torch cut in emergency situations, train speed over that
rail end shall not

[[Page 115]]

exceed the maximum allowable for Class 2 track. For existing torch cut
rail ends in Classes 3 through 5 track the following shall apply--
(1) Within one year of September 21, 1998, all torch cut rail ends
in Class 5 track shall be removed;
(2) Within two years of September 21, 1998, all torch cut rail ends
in Class 4 track shall be removed; and
(3) Within one year of September 21, 1998, all torch cut rail ends
in Class 3 track over which regularly scheduled passenger trains
operate, shall be inventoried by the track owner.
(b) Following the expiration of the time limits specified in
paragraphs (a)(1), (2), and (3) of this section, any torch cut rail end
not removed from Classes 4 and 5 track, or any torch cut rail end not
inventoried in Class 3 track over which regularly scheduled passenger
trains operate, shall be removed within 30 days of discovery. Train
speed over that rail end shall not exceed the maximum allowable for
Class 2 track until removed.

Sec. 213.123 Tie plates.

(a) In Classes 3 through 5 track where timber crossties are in use
there shall be tie plates under the running rails on at least eight of
any 10 consecutive ties.
(b) In Classes 3 through 5 track no metal object which causes a
concentrated load by solely supporting a rail shall be allowed between
the base of the rail and the bearing surface of the tie plate. This
paragraph (b) is applicable September 21, 1999.)

Sec. 213.127 Rail fastening systems.

Track shall be fastened by a system of components which effectively
maintains gage within the limits prescribed in Sec. 213.53(b). Each
component of each such system shall be evaluated to determine whether
gage is effectively being maintained.

Sec. 213.133 Turnouts and track crossings generally.

(a) In turnouts and track crossings, the fastenings shall be intact
and maintained so as to keep the components securely in place. Also,
each switch, frog, and guard rail shall be kept free of obstructions
that may interfere with the passage of wheels.
(b) Classes 3 through 5 track shall be equipped with rail anchoring
through and on each side of track crossings and turnouts, to restrain
rail movement affecting the position of switch points and frogs. For
Class 3 track, this paragraph (b) is applicable September 21, 1999.)
(c) Each flangeway at turnouts and track crossings shall be at least
1\1/2\ inches wide.

Sec. 213.135 Switches.

(a) Each stock rail must be securely seated in switch plates, but
care shall be used to avoid canting the rail by overtightening the rail
braces.
(b) Each switch point shall fit its stock rail properly, with the
switch stand in either of its closed positions to allow wheels to pass
the switch point. Lateral and vertical movement of a stock rail in the
switch plates or of a switch plate on a tie shall not adversely affect
the fit of the switch point to the stock rail. Broken or cracked switch
point rails will be subject to the requirements of Sec. 213.113, except
that where remedial actions C, D, or E require the use of joint bars,
and joint bars cannot be placed due to the physical configuration of the
switch, remedial action B will govern, taking into account any added
safety provided by the presence of reinforcing bars on the switch
points.
(c) Each switch shall be maintained so that the outer edge of the
wheel tread cannot contact the gage side of the stock rail.
(d) The heel of each switch rail shall be secure and the bolts in
each heel shall be kept tight.
(e) Each switch stand and connecting rod shall be securely fastened
and operable without excessive lost motion.
(f) Each throw lever shall be maintained so that it cannot be
operated with the lock or keeper in place.
(g) Each switch position indicator shall be clearly visible at all
times.
(h) Unusually chipped or worn switch points shall be repaired or
replaced. Metal flow shall be removed to insure proper closure.

[[Page 116]]

(i) Tongue & Plain Mate switches, which by design exceed Class 1 and
excepted track maximum gage limits, are permitted in Class 1 and
excepted track.

Sec. 213.137 Frogs.

(a) The flangeway depth measured from a plane across the wheel-
bearing area of a frog on Class 1 track shall not be less than 1\3/8\
inches, or less than 1\1/2\ inches on Classes 2 through 5 track.
(b) If a frog point is chipped, broken, or worn more than five-
eighths inch down and 6 inches back, operating speed over the frog shall
not be more than 10 m.p.h.
(c) If the tread portion of a frog casting is worn down more than
three-eighths inch below the original contour, operating speed over that
frog shall not be more than 10 m.p.h.
(d) Where frogs are designed as flange-bearing, flangeway depth may
be less than that shown for Class 1 if operated at Class 1 speeds.

Sec. 213.139 Spring rail frogs.

(a) The outer edge of a wheel tread shall not contact the gage side
of a spring wing rail.
(b) The toe of each wing rail shall be solidly tamped and fully and
tightly bolted.
(c) Each frog with a bolt hole defect or head-web separation shall
be replaced.
(d) Each spring shall have compression sufficient to hold the wing
rail against the point rail.
(e) The clearance between the holddown housing and the horn shall
not be more than one-fourth of an inch.

Sec. 213.141 Self-guarded frogs.

(a) The raised guard on a self-guarded frog shall not be worn more
than three-eighths of an inch.
(b) If repairs are made to a self-guarded frog without removing it
from service, the guarding face shall be restored before rebuilding the
point.

Sec. 213.143 Frog guard rails and guard faces; gage.

The guard check and guard face gages in frogs shall be within the
limits prescribed in the following table--

----------------------------------------------------------------------------------------------------------------
Guard check gage The distance
between the gage line of a frog
to the guard line \1\ of its Guard face gage The distance between
Class of track guard rail or guarding face, guard lines \1\, measured across the
measured across the track at track at right angles to the gage
right angles to the gage line line \2\, may not be more than--
\2\, may not be less than--
----------------------------------------------------------------------------------------------------------------
Class 1 track........................... 4[foot]6\1/8\....... 4[foot] 5\1/4\
Class 2 track........................... 4[foot]6\1/4\....... 4[foot] 5\1/8\
Class 3 and 4 track..................... 4[foot] 6\3/8\...... 4[foot]5\1/8\
Class 5 track........................... 4[foot]6\1/2\....... 4[foot] 5
----------------------------------------------------------------------------------------------------------------
\1\ A line along that side of the flangeway which is nearer to the center of the track and at the same elevation
as the gage line.
\2\ A line \5/8\ inch below the top of the center line of the head of the running rail, or corresponding
location of the tread portion of the track structure.

[GRAPHIC] [TIFF OMITTED] TR22JN98.006

[[Page 117]]

[GRAPHIC] [TIFF OMITTED] TR22JN98.007

Subpart E_Track Appliances and Track-Related Devices

Sec. 213.201 Scope.

This subpart prescribes minimum requirements for certain track
appliances and track-related devices.

Sec. 213.205 Derails.

(a) Each derail shall be clearly visible.
(b) When in a locked position, a derail shall be free of lost motion
which would prevent it from performing its intended function.
(c) Each derail shall be maintained to function as intended.
(d) Each derail shall be properly installed for the rail to which it
is applied. (This paragraph (d) is applicable September 21, 1999.)

Subpart F_Inspection

Sec. 213.231 Scope.

This subpart prescribes requirements for the frequency and manner of
inspecting track to detect deviations from the standards prescribed in
this part.

Sec. 213.233 Track inspections.

(a) All track shall be inspected in accordance with the schedule
prescribed in paragraph (c) of this section by a person designated under
Sec. 213.7.
(b) Each inspection shall be made on foot or by riding over the
track in a vehicle at a speed that allows the person making the
inspection to visually inspect the track structure for compliance with
this part. However, mechanical, electrical, and other track inspection
devices may be used to supplement visual inspection. If a vehicle is
used for visual inspection, the speed of the vehicle may not be more
than 5 miles per hour when passing over track crossings and turnouts,
otherwise, the inspection vehicle speed shall be at the sole discretion
of the inspector, based on track conditions and inspection requirements.
When riding over the track in a vehicle, the inspection will be subject
to the following conditions--
(1) One inspector in a vehicle may inspect up to two tracks at one
time provided that the inspector's visibility remains unobstructed by
any cause and that the second track is not centered more than 30 feet
from the track upon which the inspector is riding;
(2) Two inspectors in one vehicle may inspect up to four tracks at a
time provided that the inspectors' visibility remains unobstructed by
any cause and that each track being inspected is centered within 39 feet
from the track upon which the inspectors are riding;
(3) Each main track is actually traversed by the vehicle or
inspected on foot at least once every two weeks, and each siding is
actually traversed by the vehicle or inspected on foot at least once
every month. On high density commuter railroad lines where track time
does not permit an on track vehicle inspection, and where track centers
are 15 foot or less, the requirements of this paragraph (b)(3) will not
apply; and
(4) Track inspection records shall indicate which track(s) are
traversed by the vehicle or inspected on foot as outlined in paragraph
(b)(3) of this section.
(c) Each track inspection shall be made in accordance with the
following schedule--

[[Page 118]]

------------------------------------------------------------------------
Class of track Type of track Required frequency
------------------------------------------------------------------------
Excepted track and Class 1, Main track and Weekly with at least
2, and 3 track. sidings. 3 calendar days
interval between
inspections, or
before use, if the
track is used less
than once a week,
or twice weekly
with at least 1
calendar day
interval between
inspections, if the
track carries
passenger trains or
more than 10
million gross tons
of traffic during
the preceding
calendar year.
Excepted track and Class 1, Other than main Monthly with at
2, and 3 track. track and sidings. least 20 calendar
days interval
between
inspections.
Class 4 and 5 track......... .................... Twice weekly with at
least 1 calendar
day interval
between
inspections.
------------------------------------------------------------------------

(d) If the person making the inspection finds a deviation from the
requirements of this part, the inspector shall immediately initiate
remedial action.

Note to Sec. 213.233: Except as provided in paragraph (b) of this
section, no part of this section will in any way be construed to limit
the inspector's discretion as it involves inspection speed and sight
distance.

Sec. 213.235 Inspection of switches, track crossings, and lift rail
assemblies or other transition devices on moveable bridges.

(a) Except as provided in paragraph (c) of this section, each
switch, turnout, track crossing, and moveable bridge lift rail assembly
or other transition device shall be inspected on foot at least monthly.
(b) Each switch in Classes 3 through 5 track that is held in
position only by the operating mechanism and one connecting rod shall be
operated to all of its positions during one inspection in every 3 month
period.
(c) In the case of track that is used less than once a month, each
switch, turnout, track crossing, and moveable bridge lift rail assembly
or other transition device shall be inspected on foot before it is used.

Sec. 213.237 Inspection of rail.

(a) In addition to the track inspections required by Sec. 213.233,
a continuous search for internal defects shall be made of all rail in
Classes 4 through 5 track, and Class 3 track over which passenger trains
operate, at least once every 40 million gross tons (mgt) or once a year,
whichever interval is shorter. On Class 3 track over which passenger
trains do not operate such a search shall be made at least once every 30
mgt or once a year, whichever interval is longer. (This paragraph (a) is
applicable January 1, 1999.
(b) Inspection equipment shall be capable of detecting defects
between joint bars, in the area enclosed by joint bars.
(c) Each defective rail shall be marked with a highly visible
marking on both sides of the web and base.
(d) If the person assigned to operate the rail defect detection
equipment being used determines that, due to rail surface conditions, a
valid search for internal defects could not be made over a particular
length of track, the test on that particular length of track cannot be
considered as a search for internal defects under paragraph (a) of this
section. (This paragraph (d) is not retroactive to tests performed prior
to September 21, 1998.
(e) If a valid search for internal defects cannot be conducted for
reasons described in paragraph (d) of this section, the track owner
shall, before the expiration of time or tonnage limits--
(1) Conduct a valid search for internal defects;
(2) Reduce operating speed to a maximum of 25 miles per hour until
such time as a valid search for internal defects can be made; or
(3) Remove the rail from service.

Sec. 213.239 Special inspections.

In the event of fire, flood, severe storm, or other occurrence which
might have damaged track structure, a special inspection shall be made
of the track involved as soon as possible after the occurrence and, if
possible, before the operation of any train over that track.

[[Page 119]]

Sec. 213.241 Inspection records.

(a) Each owner of track to which this part applies shall keep a
record of each inspection required to be performed on that track under
this subpart.
(b) Each record of an inspection under Sec. Sec. 213.4, 213.119,
213.233, and 213.235 shall be prepared on the day the inspection is made
and signed by the person making the inspection. Records shall specify
the track inspected, date of inspection, location and nature of any
deviation from the requirements of this part, and the remedial action
taken by the person making the inspection. The owner shall designate the
location(s) where each original record shall be maintained for at least
one year after the inspection covered by the record. The owner shall
also designate one location, within 100 miles of each state in which
they conduct operations, where copies of records which apply to those
operations are either maintained or can be viewed following 10 days
notice by the Federal Railroad Administration.
(c) Rail inspection records shall specify the date of inspection,
the location and nature of any internal defects found, the remedial
action taken and the date thereof, and the location of any intervals of
track not tested per Sec. 213.237(d). The owner shall retain a rail
inspection record for at least two years after the inspection and for
one year after remedial action is taken.
(d) Each owner required to keep inspection records under this
section shall make those records available for inspection and copying by
the Federal Railroad Administration.
(e) For purposes of compliance with the requirements of this
section, an owner of track may maintain and transfer records through
electronic transmission, storage, and retrieval provided that--
(1) The electronic system be designed so that the integrity of each
record is maintained through appropriate levels of security such as
recognition of an electronic signature, or other means, which uniquely
identify the initiating person as the author of that record. No two
persons shall have the same electronic identity;
(2) The electronic storage of each record shall be initiated by the
person making the inspection within 24 hours following the completion of
that inspection;
(3) The electronic system shall ensure that each record cannot be
modified in any way, or replaced, once the record is transmitted and
stored;
(4) Any amendment to a record shall be electronically stored apart
from the record which it amends. Each amendment to a record shall be
uniquely identified as to the person making the amendment;
(5) The electronic system shall provide for the maintenance of
inspection records as originally submitted without corruption or loss of
data;
(6) Paper copies of electronic records and amendments to those
records, that may be necessary to document compliance with this part
shall be made available for inspection and copying by the Federal
Railroad Administration at the locations specified in paragraph (b) of
this section; and
(7) Track inspection records shall be kept available to persons who
performed the inspections and to persons performing subsequent
inspections.

[63 FR 34029, June 22, 1998, as amended at 70 FR 66298, Nov. 2, 2005]

Subpart G_Train Operations at Track Classes 6 and Higher

Sec. 213.301 Scope of subpart.

This subpart applies to all track used for the operation of trains
at a speed greater than 90 m.p.h. for passenger equipment and greater
than 80 m.p.h. for freight equipment.

Sec. 213.303 Responsibility for compliance.

(a) Any owner of track to which this subpart applies who knows or
has notice that the track does not comply with the requirements of this
subpart, shall--
(1) Bring the track into compliance; or
(2) Halt operations over that track.
(b) If an owner of track to which this subpart applies assigns
responsibility for the track to another person (by lease or otherwise),
notification of the assignment shall be provided to the appropriate FRA
Regional Office at least

[[Page 120]]

30 days in advance of the assignment. The notification may be made by
any party to that assignment, but shall be in writing and include the
following--
(1) The name and address of the track owner;
(2) The name and address of the person to whom responsibility is
assigned (assignee);
(3) A statement of the exact relationship between the track owner
and the assignee;
(4) A precise identification of the track;
(5) A statement as to the competence and ability of the assignee to
carry out the duties of the track owner under this subpart;
(6) A statement signed by the assignee acknowledging the assignment
to that person of responsibility for purposes of compliance with this
subpart.
(c) The Administrator may hold the track owner or the assignee or
both responsible for compliance with this subpart and subject to the
penalties under Sec. 213.15.
(d) When any person, including a contractor for a railroad or track
owner, performs any function required by this part, that person is
required to perform that function in accordance with this part.

Sec. 213.305 Designation of qualified individuals; general
qualifications.

Each track owner to which this subpart applies shall designate
qualified individuals responsible for the maintenance and inspection of
track in compliance with the safety requirements prescribed in this
subpart. Each individual, including a contractor or an employee of a
contractor who is not a railroad employee, designated to:
(a) Supervise restorations and renewals of track shall meet the
following minimum requirements:
(1) At least;
(i) Five years of responsible supervisory experience in railroad
track maintenance in track Class 4 or higher and the successful
completion of a course offered by the employer or by a college level
engineering program, supplemented by special on the job training
emphasizing the techniques to be employed in the supervision,
restoration, and renewal of high speed track; or
(ii) A combination of at least one year of responsible supervisory
experience in track maintenance in Class 4 or higher and the successful
completion of a minimum of 80 hours of specialized training in the
maintenance of high speed track provided by the employer or by a college
level engineering program, supplemented by special on the job training
provided by the employer with emphasis on the maintenance of high speed
track; or
(iii) A combination of at least two years of experience in track
maintenance in track Class 4 or higher and the successful completion of
a minimum of 120 hours of specialized training in the maintenance of
high speed track provided by the employer or by a college level
engineering program supplemented by special on the job training provided
by the employer with emphasis on the maintenance of high speed track.
(2) Demonstrate to the track owner that the individual:
(i) Knows and understands the requirements of this subpart;
(ii) Can detect deviations from those requirements; and
(iii) Can prescribe appropriate remedial action to correct or safely
compensate for those deviations; and
(3) Be authorized in writing by the track owner to prescribe
remedial actions to correct or safely compensate for deviations from the
requirements of this subpart and successful completion of a recorded
examination on this subpart as part of the qualification process.
(b) Inspect track for defects shall meet the following minimum
qualifications:
(1) At least:
(i) Five years of responsible experience inspecting track in Class 4
or above and the successful completion of a course offered by the
employer or by a college level engineering program, supplemented by
special on the job training emphasizing the techniques to be employed in
the inspection of high speed track; or
(ii) A combination of at least one year of responsible experience in
track inspection in Class 4 or above and the

[[Page 121]]

successful completion of a minimum of 80 hours of specialized training
in the inspection of high speed track provided by the employer or by a
college level engineering program, supplemented by special on the job
training provided by the employer with emphasis on the inspection of
high speed track; or
(iii) A combination of at least two years of experience in track
maintenance in Class 4 or above and the successful completion of a
minimum of 120 hours of specialized training in the inspection of high
speed track provided by the employer or from a college level engineering
program, supplemented by special on the job training provided by the
employer with emphasis on the inspection of high speed track.
(2) Demonstrate to the track owner that the individual:
(i) Knows and understands the requirements of this subpart;
(ii) Can detect deviations from those requirements; and
(iii) Can prescribe appropriate remedial action to correct or safely
compensate for those deviations; and
(3) Be authorized in writing by the track owner to prescribe
remedial actions to correct or safely compensate for deviations from the
requirements in this subpart and successful completion of a recorded
examination on this subpart as part of the qualification process.
(c) Individuals designated under paragraphs (a) or (b) of this
section that inspect continuous welded rail (CWR) track or supervise the
installation, adjustment, and maintenance of CWR in accordance with the
written procedures established by the track owner shall have:
(1) Current qualifications under either paragraph (a) or (b) of this
section;
(2) Successfully completed a training course of at least eight hours
duration specifically developed for the application of written CWR
procedures issued by the track owner; and
(3) Demonstrated to the track owner that the individual:
(i) Knows and understands the requirements of those written CWR
procedures;
(ii) Can detect deviations from those requirements; and
(iii) Can prescribe appropriate remedial action to correct or safely
compensate for those deviations; and
(4) Written authorization from the track owner to prescribe remedial
actions to correct or safely compensate for deviations from the
requirements in those procedures and successful completion of a recorded
examination on those procedures as part of the qualification process.
The recorded examination may be written, or it may be a computer file
with the results of an interactive training course.
(d) Persons not fully qualified to supervise certain renewals and
inspect track as outlined in paragraphs (a), (b) and (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 provided
that--
(1) The track owner determines the person to be qualified and, as
part of doing so, trains, examines, and re-examines the person
periodically within two years after each prior examination on the
following topics as they relate to the safe passage of trains over
broken rails or pull aparts: rail defect identification, crosstie
condition, track surface and alinement, gage restraint, rail end
mismatch, joint bars, and maximum distance between rail ends over which
trains may be allowed to pass. The sole purpose of the examination is to
ascertain the person's ability to effectively apply these requirements
and the examination may not be used to disqualify the person from other
duties. A minimum of four hours training is adequate for initial
training;
(2) The person deems it safe, and train speeds are limited to a
maximum of 10 m.p.h. over the broken rail or pull apart;
(3) The person shall watch all movements over the broken rail or
pull apart and be prepared to stop the train if necessary; and
(4) Person(s) fully qualified under Sec. 213.305 of this subpart
are notified and dispatched to the location as soon as practicable for
the purpose of authorizing movements and effectuating temporary or
permanent repairs.
(e) With respect to designations under paragraphs (a), (b), (c) and
(d) of

[[Page 122]]

this section, each track owner shall maintain written records of:
(1) Each designation in effect;
(2) The basis for each designation, including but not limited to:
(i) The exact nature of any training courses attended and the dates
thereof;
(ii) The manner in which the track owner has determined a successful
completion of that training course, including test scores or other
qualifying results;
(3) Track inspections made by each individual as required by Sec.
213.369. These records shall be made available for inspection and
copying by the Federal Railroad Administration during regular business
hours.

[63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998]

Sec. 213.307 Class of track: operating speed limits.

(a) Except as provided in paragraph (b) of this section and
Sec. Sec. 213.329, 213.337(a) and 213.345(c), the following maximum
allowable operating speeds apply:

------------------------------------------------------------------------
Over track that meets all of the The maximum allowable
requirements prescribed in this subpart operating speed for trains
for-- \1\ is--
------------------------------------------------------------------------
Class 6 track............................ 110 m.p.h.
Class 7 track............................ 125 m.p.h.
Class 8 track............................ 160 m.p.h.\2\
Class 9 track............................ 200 m.p.h.
------------------------------------------------------------------------
\1\ Freight may be transported at passenger train speeds if the
following conditions are met:
(1) The vehicles utilized to carry such freight are of equal dynamic
performance and have been qualified in accordance with Sections
213.345 and 213.329(d) of this subpart.
(2) The load distribution and securement in the freight vehicle will not
adversely affect the dynamic performance of the vehicle. The axle
loading pattern is uniform and does not exceed the passenger
locomotive axle loadings utilized in passenger service operating at
the same maximum speed.
(3) No carrier may accept or transport a hazardous material, as defined
at 49 CFR 171.8, except as provided in Column 9A of the Hazardous
Materials Table (49 CFR 172.101) for movement in the same train as a
passenger-carrying vehicle or in Column 9B of the Table for movement
in a train with no passenger-carrying vehicles.
\2\ Operating speeds in excess of 150 m.p.h. are authorized by this part
only in conjunction with a rule of particular applicability addressing
other safety issues presented by the system.

(b) If a segment of track does not meet all of the requirements for
its intended class, it is to be reclassified to the next lower class of
track for which it does meet all of the requirements of this subpart. If
a segment does not meet all of the requirements for Class 6, the
requirements for Classes 1 through 5 apply.

Sec. 213.309 Restoration or renewal of track under traffic conditions.

(a) Restoration or renewal of track under traffic conditions is
limited to the replacement of worn, broken, or missing components or
fastenings that do not affect the safe passage of trains.
(b) The following activities are expressly prohibited under traffic
conditions:
(1) Any work that interrupts rail continuity, e.g., as in joint bar
replacement or rail replacement;
(2) Any work that adversely affects the lateral or vertical
stability of the track with the exception of spot tamping an isolated
condition where not more than 15 lineal feet of track are involved at
any one time and the ambient air temperature is not above 95 degrees
Fahrenheit; and
(3) Removal and replacement of the rail fastenings on more than one
tie at a time within 15 feet.

Sec. 213.311 Measuring track not under load.

When unloaded track is measured to determine compliance with
requirements of this subpart, evidence of rail movement, if any, that
occurs while the track is loaded shall be added to the measurements of
the unloaded track.

Sec. 213.317 Waivers.

(a) Any owner of track to which this subpart applies may petition
the Federal Railroad Administrator for a waiver from any or all
requirements prescribed in this subpart.
(b) Each petition for a waiver under this section shall be filed in
the manner and contain the information required by Sec. Sec. 211.7 and
211.9 of this chapter.
(c) If the Administrator finds that a waiver is in the public
interest and is consistent with railroad safety, the Administrator may
grant the waiver subject to any conditions the Administrator deems
necessary. Where a waiver is granted, the Administrator publishes a
notice containing the reasons for granting the waiver.

[[Page 123]]

Sec. 213.319 Drainage.

Each drainage or other water carrying facility under or immediately
adjacent to the roadbed shall be maintained and kept free of
obstruction, to accommodate expected water flow for the area concerned.

Sec. 213.321 Vegetation.

Vegetation on railroad property which is on or immediately adjacent
to roadbed shall be controlled so that it does not--
(a) Become a fire hazard to track-carrying structures;
(b) Obstruct visibility of railroad signs and signals:
(1) Along the right of way, and
(2) At highway-rail crossings;
(c) Interfere with railroad employees performing normal trackside
duties;
(d) Prevent proper functioning of signal and communication lines; or
(e) Prevent railroad employees from visually inspecting moving
equipment from their normal duty stations.

Sec. 213.323 Track gage.

------------------------------------------------------------------------
The
change
of gage
within
Class of track The gage must But not more 31 feet
be at least-- than-- must
not be
greater
than--
------------------------------------------------------------------------
6.............................. [foot]8. 2\
7.............................. 4[foot]8. 2\
8.............................. 4[foot]8. 2\
9.............................. 4[foot]8\1/ 4[foot]9\1/ \1/
4\. 4\. 2\
------------------------------------------------------------------------

Sec. 213.327 Alinement.

(a) Uniformity at any point along the track is established by
averaging the measured mid-chord offset values for nine consecutive
points centered around that point and which are spaced according to the
following table:

------------------------------------------------------------------------
Chord length Spacing
------------------------------------------------------------------------
31[foot]................................... 7[foot]9
62[foot]................................... 15[foot]6
124[foot].................................. 31[foot]0
------------------------------------------------------------------------

(b) For a single deviation, alinement may not deviate from
uniformity more than the amount prescribed in the following table:

----------------------------------------------------------------------------------------------------------------
The deviation The deviation The deviation
from from from
uniformity of uniformity of uniformity of
the mid-chord the mid-chord the mid-chord
Class of track offset for a offset for a offset for a
31-foot chord 62-foot chord 124-foot chord
may not be may not be may not be
more than-- more than-- more than--
(inches) (inches) (inches)
----------------------------------------------------------------------------------------------------------------
6............................................................... \1/2\ \3/4\ 1\1/2\
7............................................................... \1/2\ \1/2\ 1\1/4\
8............................................................... \1/2\ \1/2\ \3/4\
9............................................................... \1/2\ \1/2\ \3/4\
----------------------------------------------------------------------------------------------------------------

(c) For three or more non-overlapping deviations from uniformity in
track alinement occurring within a distance equal to five times the
specified chord length, each of which exceeds the limits in the
following table, each owner of the track to which this subpart applies
shall maintain the alinement of the track within the limits prescribed
for each deviation:

[[Page 124]]

7............................................................... \3/8\ \3/8\ \7/8\
8............................................................... \3/8\ \3/8\ \1/2\
9............................................................... \3/8\ \3/8\ \1/2\
----------------------------------------------------------------------------------------------------------------

Sec. 213.329 Curves, elevation and speed limitations.

(a) The maximum crosslevel on the outside rail of a curve may not be
more than 7 inches. The outside rail of a curve may not be more than \1/
2\ inch lower than the inside rail.
(b) (1) The maximum allowable operating speed for each curve is
determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TR22JN98.009

Where--

Vmax = Maximum allowable operating speed (miles per hour).
Ea = Actual elevation of the outside rail (inches) \4\.
---------------------------------------------------------------------------

\4\ Actual elevation for each 155 foot track segment in the body of
the curve is determined by averaging the elevation for 10 points through
the segment at 15.5 foot spacing. If the curve length is less than 155
feet, average the points through the full length of the body of the
curve. If Eu exceeds 4 inches, the Vmax formula applies to
the spirals on both ends of the curve.
---------------------------------------------------------------------------

D = Degree of curvature (degrees) \5\.
---------------------------------------------------------------------------

\5\ Degree of curvature is determined by averaging the degree of
curvature over the same track segment as the elevation.
---------------------------------------------------------------------------

3 = 3 inches of unbalance.

(2) Appendix A includes tables showing maximum allowable operating
speeds computed in accordance with this formula for various elevations
and degrees of curvature for track speeds greater than 90 m.p.h.
(c) For rolling stock meeting the requirements specified in
paragraph (d) of this section, the maximum operating speed for each
curve may be determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TR22JN98.008

Where--

Vmax = Maximum allowable operating speed (miles per hour).
Ea = Actual elevation of the outside rail (inches) \4\.
D = Degree of curvature (degrees) \5\.
Eu = Unbalanced elevation (inches).

(d) Qualified equipment may be operated at curving speeds determined
by the formula in paragraph (c) of this section, provided each specific
class of equipment is approved for operation by the Federal Railroad
Administration and the railroad demonstrates that--
(1) When positioned on a track with uniform superelevation,
Ea, reflecting the intended target cant deficiency,
Eu, no wheel of the equipment unloads to a value of 60
percent or less of its static value on perfectly level track and, for
passenger-carrying equipment, the roll angle between the floor of the
vehicle and the horizontal does not exceed 5.7 degrees.
(2) When positioned on a track with a uniform 7-inch superelevation,
no wheel unloads to a value less than 60% of its static value on
perfectly level track and, for passenger-carrying equipment, the angle,
measured about the roll axis, between the floor of the vehicle and the
horizontal does not exceed 8.6 degrees.
(e) The track owner shall notify the Federal Railroad Administrator
no less than thirty calendar days prior to any proposed implementation
of the higher curving speeds allowed when the ``Eu'' term,
above, will exceed three inches. This notification shall be in writing
and shall contain, at a minimum, the following information:
(1) A complete description of the class of equipment involved,
including

[[Page 125]]

schematic diagrams of the suspension system and the location of the
center of gravity above top of rail;
(2) A complete description of the test procedure \6\ and
instrumentation used to qualify the equipment and the maximum values for
wheel unloading and roll angles which were observed during testing;
---------------------------------------------------------------------------

\6\ The test procedure may be conducted in a test facility whereby
all wheels on one side (right or left) of the equipment are raised or
lowered by six and then seven inches, the vertical wheel loads under
each wheel are measured and a level is used to record the angle through
which the floor of the vehicle has been rotated.
---------------------------------------------------------------------------

(3) Procedures or standards in effect which relate to the
maintenance of the suspension system for the particular class of
equipment;
(4) Identification of line segment on which the higher curving
speeds are proposed to be implemented.
(f) A track owner, or an operator of a passenger or commuter
service, who provides passenger or commuter service over trackage of
more than one track owner with the same class of equipment, may provide
written notification to the Federal Railroad Administrator with the
written consent of the other affected track owners.

[63 FR 34029, June 22, 1998; 63 FR 46102, Aug. 28, 1998]

Sec. 213.331 Track surface.

(a) For a single deviation in track surface, each owner of the track
to which this subpart applies shall maintain the surface of its track
within the limits prescribed in the following table:

------------------------------------------------------------------------
Class of track
-------------------------------------------
Track surface 6 7 8 9
(inches) (inches) (inches) (inches)
------------------------------------------------------------------------
The deviation from uniform 1 1 \3/4\ \1/2\
\1\ profile on either rail
at the midordinate of a 31-
foot chord may not be more
than.......................
The deviation from uniform 1 1 1 \3/4\
profile on either rail at
the midordinate of a 62-
foot chord may not be more
than.......................
The deviation from uniform 1\3/4\ 1\1/2\ 1\1/4\ 1\1/4\
profile on either rail at
the midordinate of a 124-
foot chord may not be more
than.......................
The difference in crosslevel 1\1/2\ 1\1/2\ 1\1/2\ 1\1/2\
between any two points less
than 62 feet apart may not
be more than \2\...........
------------------------------------------------------------------------
\1\ Uniformity for profile is established by placing the midpoint of the
specified chord at the point of maximum measurement.
\2\ However, to control harmonics on jointed track with staggered
joints, the crosslevel differences shall not exceed 1\1/4\ inches in
all of six consecutive pairs of joints, as created by 7 joints. Track
with joints staggered less than 10 feet shall not be considered as
having staggered joints. Joints within the 7 low joints outside of the
regular joint spacing shall not be considered as joints for purposes
of this footnote.

(b) For three or more non-overlapping deviations in track surface
occurring within a distance equal to five times the specified chord
length, each of which exceeds the limits in the following table, each
owner of the track to which this subpart applies shall maintain the
surface of the track within the limits prescribed for each deviation:

Sec. 213.333 Automated vehicle inspection systems.

(a) For track Class 7, a qualifying Track Geometry Measurement
System (TGMS) vehicle shall be operated at least twice within 120
calendar days with not less than 30 days between inspections. For track
Classes 8 and 9, it shall be operated at least twice within

[[Page 126]]

60 days with not less than 15 days between inspections.
(b) A qualifying TGMS shall meet or exceed minimum design
requirements which specify that--
(1) Track geometry measurements shall be taken no more than 3 feet
away from the contact point of wheels carrying a vertical load of no
less than 10,000 pounds per wheel;
(2) Track geometry measurements shall be taken and recorded on a
distance-based sampling interval which shall not exceed 2 feet; and
(3) Calibration procedures and parameters are assigned to the system
which assure that measured and recorded values accurately represent
track conditions. Track geometry measurements recorded by the system
shall not differ on repeated runs at the same site at the same speed
more than 1/8 inch.
(c) A qualifying TGMS shall be capable of measuring and processing
the necessary track geometry parameters, at an interval of no more than
every 2 feet, which enables the system to determine compliance with:
Sec. 213.323, Track gage; Sec. 213.327, Alinement; Sec. 213.329,
Curves; elevation and speed limitations; and Sec. 213.331, Track
surface.
(d) A qualifying TGMS shall be capable of producing, within 24 hours
of the inspection, output reports that--
(1) Provide a continuous plot, on a constant-distance axis, of all
measured track geometry parameters required in paragraph (c) of this
section;
(2) Provide an exception report containing a systematic listing of
all track geometry conditions which constitute an exception to the class
of track over the segment surveyed.
(e) The output reports required under paragraph (c) of this section
shall contain sufficient location identification information which
enable field forces to easily locate indicated exceptions.
(f) Following a track inspection performed by a qualifying TGMS, the
track owner shall, within two days after the inspection, field verify
and institute remedial action for all exceptions to the class of track.
(g) The track owner shall maintain for a period of one year
following an inspection performed by a qualifying TGMS, copy of the plot
and the exception printout for the track segment involved, and
additional records which:
(1) Specify the date the inspection was made and the track segment
involved; and
(2) Specify the location, remedial action taken, and the date
thereof, for all listed exceptions to the class.
(h) For track Classes 8 and 9, a qualifying Gage Restraint
Measurement System (GRMS) shall be operated at least once annually with
at least 180 days between inspections to continuously compare loaded
track gage to unloaded gage under a known loading condition. The lateral
capacity of the track structure shall not permit a gage widening ratio
(GWR) greater than 0.5 inches.
(i) A GRMS shall meet or exceed minimum design requirements which
specify that--
(1) Gage restraint shall be measured between the heads of the rail--
(i) At an interval not exceeding 16 inches;
(ii) Under an applied vertical load of no less than 10,000 pounds
per rail;
(iii) Under an applied lateral load which provides for lateral/
vertical load ratio of between 0.5 and 1.25 \7\, and a load severity
greater than 3,000 pounds but less than 8,000 pounds per rail. Load
severity is defined by the formula--
---------------------------------------------------------------------------

\7\ GRMS equipment using load combinations developing L/V ratios
which exceed 0.8 shall be operated with caution to protect against the
risk of wheel climb by the test wheelset.

---------------------------------------------------------------------------
S = L -cV

where:

S = Load severity, defined as the lateral load applied to the fastener
system (pounds).
L = Actual lateral load applied (pounds).
c = Coefficient of friction between rail/tie which is assigned a nominal
value of (0.4).
V = Actual vertical load applied (pounds).

(2) The measured gage value shall be converted to a gage widening
ratio (GWR) as follows:
[GRAPHIC] [TIFF OMITTED] TR22JN98.010

Where:

UTG=Unloaded track gage measured by the GRMS vehicle at a point no less
than 10

[[Page 127]]

feet from any lateral or vertical load application.
LTG=Loaded track gage measured by the GRMS vehicle at the point of
application of the lateral load.
L=Actual lateral load applied (pounds).

(j) At least one vehicle in one train per day operating in Classes 8
and 9 shall be equipped with functioning on-board truck frame and
carbody accelerometers. Each track owner shall have in effect written
procedures for the notification of track personnel when on-board
accelerometers on trains in Classes 8 and 9 indicate a possible track-
related condition.
(k) For track Classes 7 , 8 and 9, an instrumented car having
dynamic response characteristics that are representative of other
equipment assigned to service or a portable device that monitors on-
board instrumentation on trains shall be operated over the track at the
revenue speed profile at a frequency of at least twice within 60 days
with not less than 15 days between inspections. The instrumented car or
the portable device shall monitor vertically and laterally oriented
accelerometers placed near the end of the vehicle at the floor level. In
addition, accelerometers shall be mounted on the truck frame. If the
carbody lateral, carbody vertical, or truck frame lateral safety limits
in the following table of vehicle/track interaction safety limits are
exceeded, speeds will be reduced until these safety limits are not
exceeded.
(l) For track Classes 8 and 9, an instrumented car having dynamic
response characteristics that are representative of other equipment
assigned to service shall be operated over the track at the revenue
speed profile annually with not less than 180 days between inspections.
The instrumented car shall be equipped with functioning instrumented
wheelsets to measure wheel/rail forces. If the wheel/rail force limits
in the following table of vehicle/track interaction safety limits are
exceeded, speeds will be reduced until these safety limits are not
exceeded.
(m) The track owner shall maintain a copy of the most recent
exception printouts for the inspections required under paragraphs (k)
and (l) of this section.

[[Page 128]]

[GRAPHIC] [TIFF OMITTED] TC15NO91.207

\1\ The lateral and vertical wheel forces shall be measured with
instrumented wheelsets with the measurements processed through a low
pass filter with a minimum cut-off frequency of 25 Hz. The sample rate
for wheel force data shall be at least 250 samples/sec.
\2\ Carbody lateral and vertical accelerations shall be measured
near the car ends at the floor level.
\3\ Truck accelerations in the lateral direction shall be measured
on the truck frame. The measurements shall be processed through a filter
having a pass band of 0.5 to 10 Hz.
\4\ Truck hunting is defined as a sustained cyclic oscillation of
the truck which is evidenced by lateral accelerations in excess of 0.4 g
root mean square (mean-removed) for 2 seconds.

[63 FR 34029, June 22, 1998; 63 FR 46102, Aug. 28, 1998]

Sec. 213.334 Ballast; general.

[[Page 129]]

Sec. 213.335 Crossties.

(a) Crossties shall be made of a material to which rail can be
securely fastened.
(b) Each 39 foot segment of track shall have--
(1) A sufficient number of crossties which in combination provide
effective support that will--
(i) Hold gage within the limits prescribed in Sec. 213.323(b);
(ii) Maintain surface within the limits prescribed in Sec. 213.331;
and
(iii) Maintain alinement within the limits prescribed in Sec.
213.327.
(2) The minimum number and type of crossties specified in paragraph
(c) of this section effectively distributed to support the entire
segment; and
(3) Crossties of the type specified in paragraph (c) of this section
that are(is) located at a joint location as specified in paragraph (e)
of this section.
(c) For non-concrete tie construction, each 39 foot segment of Class
6 track shall have fourteen crossties; Classes 7, 8 and 9 shall have 18
crossties which are not--
(1) Broken through;
(2) Split or otherwise impaired to the extent the crossties will
allow the ballast to work through, or will not hold spikes or rail
fasteners;
(3) So deteriorated that the tie plate or base of rail can move
laterally \3/8\ inch relative to the crossties;
(4) Cut by the tie plate through more than 40 percent of a
crosstie's thickness;
(5) Configured with less than 2 rail holding spikes or fasteners per
tie plate; or
(6) So unable, due to insufficient fastener toeload, to maintain
longitudinal restraint and maintain rail hold down and gage.
(d) For concrete tie construction, each 39 foot segment of Class 6
track shall have fourteen crossties, Classes 7, 8 and 9 shall have 16
crossties which are not--
(1) So deteriorated that the prestress strands are ineffective or
withdrawn into the tie at one end and the tie exhibits structural cracks
in the rail seat or in the gage of track;
(2) Configured with less than 2 fasteners on the same rail;
(3) So deteriorated in the vicinity of the rail fastener such that
the fastener assembly may pull out or move laterally more than \3/8\
inch relative to the crosstie;
(4) So deteriorated that the fastener base plate or base of rail can
move laterally more than \3/8\ inch relative to the crossties;
(5) So deteriorated that rail seat abrasion is sufficiently deep so
as to cause loss of rail fastener toeload;
(6) Completely broken through; or
(7) So unable, due to insufficient fastener toeload, to maintain
longitudinal restraint and maintain rail hold down and gage.
(e) Class 6 track shall have one non-defective crosstie whose
centerline is within 18 inches of the rail joint location or two
crossties whose center lines are within 24 inches either side of the
rail joint location. Class 7, 8, and 9 track shall have two non-
defective ties within 24 inches each side of the rail joint.
(f) For track constructed without crossties, such as slab track and
track connected directly to bridge structural components, the track
structure shall meet the requirements of paragraphs (b)(1)(i), (ii), and
(iii) of this section.
(g) In Classes 7, 8 and 9 there shall be at least three non-
defective ties each side of a defective tie.
(h) Where timber crossties are in use there shall be tie plates
under the running rails on at least nine of 10 consecutive ties.
(i) No metal object which causes a concentrated load by solely
supporting a rail shall be allowed between the base of the rail and the
bearing surface of the tie plate.

Sec. 213.337 Defective rails.

(a) When an owner of track to which this part applies learns,
through inspection or otherwise, that a rail in that track contains any
of the defects listed in the following table, a person designated under
Sec. 213.305 shall determine whether or not the track may continue in
use. If the person determines that the track may continue in use,
operation over the defective rail is not permitted until--
(1) The rail is replaced; or

[[Page 130]]

(2) The remedial action prescribed in the table is initiated--
[GRAPHIC] [TIFF OMITTED] TN28SE98.059

[[Page 131]]

Notes: A. Assign person designated under Sec. 213.305 to visually
supervise each operation over defective rail.
A2. Assign person designated under Sec. 213.305 to make visual
inspection. That person may authorize operation to continue without
visual supervision at a maximum of 10 m.p.h. for up to 24 hours prior to
another such visual inspection or replacement or repair of the rail.
B. Limit operating speed over defective rail to that as authorized
by a person designated under Sec. 213.305(a)(1)(i) or (ii). The
operating speed cannot be over 30 m.p.h.
C. Apply joint bars bolted only through the outermost holes to
defect within 20 days after it is determined to continue the track in
use. Limit operating speed over defective rail to 30 m.p.h. until joint
bars are applied; thereafter, limit speed to 50 m.p.h. When a search for
internal rail defects is conducted under Sec. 213.339 and defects are
discovered which require remedial action C, the operating speed shall be
limited to 50 m.p.h., for a period not to exceed 4 days. If the
defective rail has not been removed from the track or a permanent repair
made within 4 days of the discovery, limit operating speed over the
defective rail to 30 m.p.h. until joint bars are applied; thereafter,
limit speed to 50 m.p.h.
D. Apply joint bars bolted only through the outermost holes to
defect within 10 days after it is determined to continue the track in
use. Limit operating speed over the defective rail to 30 m.p.h. or less
as authorized by a person designated under Sec. 213.305(a)(1)(i) or
(ii) until joint bars are applied; thereafter, limit speed to 50 m.p.h.
E. Apply joint bars to defect and bolt in accordance with Sec.
213.351(d) and (e).
F. Inspect rail 90 days after it is determined to continue the track
in use.
G. Inspect rail 30 days after it is determined to continue the track
in use.
H. Limit operating speed over defective rail to 50 m.p.h.
I. Limit operating speed over defective rail to 30 m.p.h.

[[Page 132]]

(12) Flattened rail means a short length of rail, not a joint, which
has flattened out across the width of the rail head to a depth of \3/8\
inch or more below the rest of the rail. Flattened rail occurrences have
no repetitive regularity and thus do not include corrugations, and have
no apparent localized cause such as a weld or engine burn. Their
individual length is relatively short, as compared to a condition such
as head flow on the low rail of curves.
(13) Bolt hole crack means a crack across the web, originating from
a bolt hole, and progressing on a path either inclined upward toward the
rail head or inclined downward toward the base. Fully developed bolt
hole cracks may continue horizontally along the head/web or base/web
fillet, or they may progress into and through the head or base to
separate a piece of the rail end from the rail. Multiple cracks
occurring in one rail end are considered to be a single defect. However,
bolt hole cracks occurring in adjacent rail ends within the same joint
shall be reported as separate defects.
(14) Defective weld means a field or plant weld containing any
discontinuities or pockets, exceeding 5 percent of the rail head area
individually or 10 percent in the aggregate, oriented in or near the
transverse plane, due to incomplete penetration of the weld metal
between the rail ends, lack of fusion between weld and rail end metal,
entrainment of slag or sand, under-bead or other shrinkage cracking, or
fatigue cracking. Weld defects may originate in the rail head, web, or
base, and in some cases, cracks may progress from the defect into either
or both adjoining rail ends.
(15) Head and web separation means a progressive fracture,
longitudinally separating the head from the web of the rail at the head
fillet area.

[63 FR 34029, June 22, 1998; 63 FR 51638, Sept. 28, 1998]

Sec. 213.339 Inspection of rail in service.

(a) A continuous search for internal defects shall be made of all
rail in track at least twice annually with not less than 120 days
between inspections.
(b) Inspection equipment shall be capable of detecting defects
between joint bars, in the area enclosed by joint bars.
(c) Each defective rail shall be marked with a highly visible
marking on both sides of the web and base.
(d) If the person assigned to operate the rail defect detection
equipment being used determines that, due to rail surface conditions, a
valid search for internal defects could not be made over a particular
length of track, the test on that particular length of track cannot be
considered as a search for internal defects under Sec. 213.337(a).
(e) If a valid search for internal defects cannot be conducted for
reasons described in paragraph (d) of this section, the track owner
shall, before the expiration of time limits--
(1) Conduct a valid search for internal defects;
(2) Reduce operating speed to a maximum of 25 miles per hour until
such time as a valid search for internal defects can be made; or
(3) Remove the rail from service.

Sec. 213.341 Initial inspection of new rail and welds.

The track owner shall provide for the initial inspection of newly
manufactured rail, and for initial inspection of new welds made in
either new or used rail. A track owner may demonstrate compliance with
this section by providing for:
(a) In-service inspection--A scheduled periodic inspection of rail
and welds that have been placed in service, if conducted in accordance
with the provisions of Sec. 213.339, and if conducted not later than 90
days after installation, shall constitute compliance with paragraphs (b)
and (c) of this section;
(b) Mill inspection--A continuous inspection at the rail
manufacturer's mill shall constitute compliance with the requirement for
initial inspection of new rail, provided that the inspection equipment
meets the applicable requirements specified in Sec. 213.339. The track
owner shall obtain a copy of the manufacturer's report of inspection and
retain it as a record until the rail receives its first scheduled
inspection under Sec. 213.339;
(c) Welding plant inspection--A continuous inspection at a welding
plant, if

[[Page 133]]

conducted in accordance with the provisions of paragraph (b) of this
section, and accompanied by a plant operator's report of inspection
which is retained as a record by the track owner, shall constitute
compliance with the requirements for initial inspection of new rail and
plant welds, or of new plant welds made in used rail; and
(d) Inspection of field welds--An initial inspection of field welds,
either those joining the ends of CWR strings or those made for isolated
repairs, shall be conducted not less than one day and not more than 30
days after the welds have been made. The initial inspection may be
conducted by means of portable test equipment. The track owner shall
retain a record of such inspections until the welds receive their first
scheduled inspection under Sec. 213.339.
(e) Each defective rail found during inspections conducted under
paragraph (a) or (d) of this section shall be marked with highly visible
markings on both sides of the web and base and the remedial action as
appropriate under Sec. 213.337 will apply.

Sec. 213.343 Continuous welded rail (CWR).

Each track owner with track constructed of CWR shall have in effect
and comply with written procedures which address the installation,
adjustment, maintenance and inspection of CWR, and a training program
for the application of those procedures, which shall be submitted to the
Federal Railroad Administration by March 21, 1999. FRA reviews each plan
for compliance with the following--
(a) Procedures for the installation and adjustment of CWR which
include--
(1) Designation of a desired rail installation temperature range for
the geographic area in which the CWR is located; and
(2) De-stressing procedures/methods which address proper attainment
of the desired rail installation temperature range when adjusting CWR.
(b) Rail anchoring or fastening requirements that will provide
sufficient restraint to limit longitudinal rail and crosstie movement to
the extent practical, and specifically addressing CWR rail anchoring or
fastening patterns on bridges, bridge approaches, and at other locations
where possible longitudinal rail and crosstie movement associated with
normally expected train-induced forces, is restricted.
(c) Procedures which specifically address maintaining a desired rail
installation temperature range when cutting CWR including rail repairs,
in-track welding, and in conjunction with adjustments made in the area
of tight track, a track buckle, or a pull-apart. Rail repair practices
shall take into consideration existing rail temperature so that--
(1) When rail is removed, the length installed shall be determined
by taking into consideration the existing rail temperature and the
desired rail installation temperature range; and
(2) Under no circumstances should rail be added when the rail
temperature is below that designated by paragraph (a)(1) of this
section, without provisions for later adjustment.
(d) Procedures which address the monitoring of CWR in curved track
for inward shifts of alinement toward the center of the curve as a
result of disturbed track.
(e) Procedures which control train speed on CWR track when--
(1) Maintenance work, track rehabilitation, track construction, or
any other event occurs which disturbs the roadbed or ballast section and
reduces the lateral and/or longitudinal resistance of the track; and
(2) In formulating the procedures under this paragraph (e), the
track owner shall--
(i) Determine the speed required, and the duration and subsequent
removal of any speed restriction based on the restoration of the
ballast, along with sufficient ballast re-consolidation to stabilize the
track to a level that can accommodate expected train-induced forces.
Ballast re-consolidation can be achieved through either the passage of
train tonnage or mechanical stabilization procedures, or both; and
(ii) Take into consideration the type of crossties used.
(f) Procedures which prescribe when physical track inspections are
to be performed to detect buckling prone

[[Page 134]]

conditions in CWR track. At a minimum, these procedures shall address
inspecting track to identify--
(1) Locations where tight or kinky rail conditions are likely to
occur;
(2) Locations where track work of the nature described in paragraph
(e)(1) of this section have recently been performed; and
(3) In formulating the procedures under this paragraph (f), the
track owner shall--
(i) Specify the timing of the inspection; and
(ii) Specify the appropriate remedial actions to be taken when
buckling prone conditions are found.
(g) The track owner shall have in effect a comprehensive training
program for the application of these written CWR procedures, with
provisions for periodic re-training, for those individuals designated
under Sec. 213.305(c) of this part as qualified to supervise the
installation, adjustment, and maintenance of CWR track and to perform
inspections of CWR track.
(h) The track owner shall prescribe recordkeeping requirements
necessary to provide an adequate history of track constructed with CWR.
At a minimum, these records shall include:
(1) Rail temperature, location and date of CWR installations. This
record shall be retained for at least one year; and
(2) A record of any CWR installation or maintenance work that does
not conform with the written procedures. Such record shall include the
location of the rail and be maintained until the CWR is brought into
conformance with such procedures.
(i) As used in this section--
(1) Adjusting/de-stressing means the procedure by which a rail's
temperature is re-adjusted to the desired value. It typically consists
of cutting the rail and removing rail anchoring devices, which provides
for the necessary expansion and contraction, and then re-assembling the
track.
(2) Buckling incident means the formation of a lateral mis-alinement
sufficient in magnitude to constitute a deviation of 5 inches measured
with a 62-foot chord. These normally occur when rail temperatures are
relatively high and are caused by high longitudinal compressive forces.
(3) Continuous welded rail (CWR) means rail that has been welded
together into lengths exceeding 400 feet.
(4) Desired rail installation temperature range means the rail
temperature range, within a specific geographical area, at which forces
in CWR should not cause a buckling incident in extreme heat, or a pull-
apart during extreme cold weather.
(5) Disturbed track means the disturbance of the roadbed or ballast
section, as a result of track maintenance or any other event, which
reduces the lateral or longitudinal resistance of the track, or both.
(6) Mechanical stabilization means a type of procedure used to
restore track resistance to disturbed track following certain
maintenance operations. This procedure may incorporate dynamic track
stabilizers or ballast consolidators, which are units of work equipment
that are used as a substitute for the stabilization action provided by
the passage of tonnage trains.
(7) Rail anchors means those devices which are attached to the rail
and bear against the side of the crosstie to control longitudinal rail
movement. Certain types of rail fasteners also act as rail anchors and
control longitudinal rail movement by exerting a downward clamping force
on the upper surface of the rail base.
(8) Rail temperature means the temperature of the rail, measured
with a rail thermometer.
(9) Tight/kinky rail means CWR which exhibits minute alinement
irregularities which indicate that the rail is in a considerable amount
of compression.
(10) Train-induced forces means the vertical, longitudinal, and
lateral dynamic forces which are generated during train movement and
which can contribute to the buckling potential.
(11) Track lateral resistance means the resistance provided to the
rail/crosstie structure against lateral displacement.
(12) Track longitudinal resistance means the resistance provided by
the rail anchors/rail fasteners and the ballast section to the rail/
crosstie structure against longitudinal displacement.

[[Page 135]]

(j) Track owners shall revise their CWR plans to include provisions
for the inspection of joint bars in accordance with Sec. Sec.
213.119(g) and (i)(3).

[63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998, as amended at
70 FR 66298, Nov. 2, 2005]

Sec. 213.345 Vehicle qualification testing.

(a) All rolling stock types which operate at Class 6 speeds and
above shall be qualified for operation for their intended track classes
in order to demonstrate that the vehicle dynamic response to track
alinement and geometry variations are within acceptable limits to assure
safe operation. Rolling stock operating in Class 6 within one year prior
to the promulgation of this subpart shall be considered as being
successfully qualified for Class 6 track and vehicles presently
operating at Class 7 speeds by reason of conditional waivers shall be
considered as qualified for Class 7.
(b) The qualification testing shall ensure that, at any speed less
than 10 m.p.h. above the proposed maximum operating speed, the equipment
will not exceed the wheel/rail force safety limits and the truck lateral
accelerations specified in Sec. 213.333, and the testing shall
demonstrate the following:
(1) The vertical acceleration, as measured by a vertical
accelerometer mounted on the car floor, shall be limited to no greater
than 0.55g single event, peak-to-peak.
(2) The lateral acceleration, as measured by a lateral accelerometer
mounted on the car floor, shall be limited to no greater than 0.3g
single event, peak-to-peak; and
(3) The combination of the lateral acceleration (L) and the vertical
acceleration (V) within any period of two consecutive seconds as
expressed by the square root of (V\2\ + L\2\) shall be limited to no
greater than 0.604, where L may not exceed 0.3g and V may not exceed
0.55g.
(c) To obtain the test data necessary to support the analysis
required in paragraphs (a) and (b) of this section, the track owner
shall have a test plan which shall consider the operating practices and
conditions, signal system, road crossings and trains on adjacent tracks
during testing. The track owner shall establish a target maximum testing
speed (at least 10 m.p.h. above the maximum proposed operating speed)
and target test and operating conditions and conduct a test program
sufficient to evaluate the operating limits of the track and equipment.
The test program shall demonstrate vehicle dynamic response as speeds
are incrementally increased from acceptable Class 6 limits to the target
maximum test speeds. The test shall be suspended at that speed where any
of the safety limits specified in paragraph (b) are exceeded.
(d) At the end of the test, when maximum safe operating speed is
known along with permissible levels of cant deficiency, an additional
run shall be made with the subject equipment over the entire route
proposed for revenue service at the speeds the railroad will request FRA
to approve for such service and a second run again at 10 m.p.h. above
this speed. A report of the test procedures and results shall be
submitted to FRA upon the completions of the tests. The test report
shall include the design flange angle of the equipment which shall be
used for the determination of the lateral to vertical wheel load safety
limit for the track/vehicle interaction safety measurements required per
Sec. 213.333(l).
(e) As part of the submittal required in paragraph (d) of the
section, the operator shall include an analysis and description of the
signal system and operating practices to govern operations in Classes 7
and 8. This statement shall include a statement of sufficiency in these
areas for the class of operation. Operation at speeds in excess of 150
m.p.h. is authorized only in conjunction with a rule of particular
applicability addressing other safety issues presented by the system.
(f) Based on test results and submissions, FRA will approve a
maximum train speed and value of cant deficiency for revenue service.

[63 FR 34029, June 22, 1998; 63 FR 54078, Oct. 8, 1998]

Sec. 213.347 Automotive or railroad crossings at grade.

(a) There shall be no at-grade (level) highway crossings, public or
private, or

[[Page 136]]

rail-to-rail crossings at-grade on Class 8 and 9 track.
(b) If train operation is projected at Class 7 speed for a track
segment that will include rail-highway grade crossings, the track owner
shall submit for FRA's approval a complete description of the proposed
warning/barrier system to address the protection of highway traffic and
high speed trains. Trains shall not operate at Class 7 speeds over any
track segment having highway-rail grade crossings unless:
(1) An FRA-approved warning/barrier system exists on that track
segment; and
(2) All elements of that warning/barrier system are functioning.

Sec. 213.349 Rail end mismatch.

Any mismatch of rails at joints may not be more than that prescribed
by the following table--

------------------------------------------------------------------------
Any mismatch of rails at
joints may not be more than
the following--
-------------------------------
Class of track On the gage
On the tread side of the
of the rail rail ends
ends (inch) (inch)
------------------------------------------------------------------------
Class 6, 7, 8 and 9..................... \1/8\ \1/8\
------------------------------------------------------------------------

Sec. 213.351 Rail joints.

(a) Each rail joint, insulated joint, and compromise joint shall be
of a structurally sound design and dimensions for the rail on which it
is applied.
(b) If a joint bar is cracked, broken, or because of wear allows
excessive vertical movement of either rail when all bolts are tight, it
shall be replaced.
(c) If a joint bar is cracked or broken between the middle two bolt
holes it shall be replaced.
(d) Each rail shall be bolted with at least two bolts at each joint.
(e) Each joint bar shall be held in position by track bolts
tightened to allow the joint bar to firmly support the abutting rail
ends and to allow longitudinal movement of the rail in the joint to
accommodate expansion and contraction due to temperature variations.
When no-slip, joint-to-rail contact exists by design, the requirements
of this section do not apply. Those locations, when over 400 feet long,
are considered to be continuous welded rail track and shall meet all the
requirements for continuous welded rail track prescribed in this
subpart.
(f) No rail shall have a bolt hole which is torch cut or burned.
(g) No joint bar shall be reconfigured by torch cutting.

Sec. 213.352 Torch cut rail.

(a) Except as a temporary repair in emergency situations no rail
having a torch cut end shall be used. When a rail end with a torch cut
is used in emergency situations, train speed over that rail shall not
exceed the maximum allowable for Class 2 track. All torch cut rail ends
in Class 6 shall be removed within six months of September 21, 1998.
(b) Following the expiration of the time limits specified in
paragraph (a) of this section, any torch cut rail end not removed shall
be removed within 30 days of discovery. Train speed over that rail shall
not exceed the maximum allowable for Class 2 track until removed.

Sec. 213.353 Turnouts, crossovers, and lift rail assemblies or other
transition devices on moveable bridges.

(a) In turnouts and track crossings, the fastenings must be intact
and maintained so as to keep the components securely in place. Also,
each switch, frog, and guard rail shall be kept free of obstructions
that may interfere with the passage of wheels. Use of rigid rail
crossings at grade is limited per Sec. 213.347.
(b) Track shall be equipped with rail anchoring through and on each
side of track crossings and turnouts, to restrain rail movement
affecting the position of switch points and frogs. Elastic fasteners
designed to restrict longitudinal rail movement are considered rail
anchoring.

[[Page 137]]

(c) Each flangeway at turnouts and track crossings shall be at least
1\1/2\ inches wide.
(d) For all turnouts and crossovers, and lift rail assemblies or
other transition devices on moveable bridges, the track owner shall
prepare an inspection and maintenance Guidebook for use by railroad
employees which shall be submitted to the Federal Railroad
Administration. The Guidebook shall contain at a minimum--
(1) Inspection frequency and methodology including limiting
measurement values for all components subject to wear or requiring
adjustment.
(2) Maintenance techniques.
(e) Each hand operated switch shall be equipped with a redundant
operating mechanism for maintaining the security of switch point
position.

Sec. 213.355 Frog guard rails and guard faces; gage.

The guard check and guard face gages in frogs shall be within the
limits prescribed in the following table--

----------------------------------------------------------------------------------------------------------------
Guard check gage--The distance
between the gage line of a frog
to the guard line \1\ of its Guard face gage--The distance between
Class of track guard rail or guarding face, guard lines, \1\ measured across the
measured across the track at track at right angles to the gage
right angles to the gage line, line, \2\ may not be more than--
\2\ may not be less than--
----------------------------------------------------------------------------------------------------------------
Class 6 track........................... 4[foot]6\1/2\....... 4[foot]5
Class 7 track........................... 4[foot]6\1/2\....... 4[foot]5
Class 8 track........................... 4[foot]6\1/2\....... 4[foot]5
Class 9 track........................... 4[foot]6\1/2\....... 4[foot] 5
----------------------------------------------------------------------------------------------------------------
\1\ A line along that side of the flangeway which is nearer to the center of the track and at the same elevation
as the gage line.
\2\ A line \5/8\ inch below the top of the center line of the head of the running rail, or corresponding
location of the tread portion of the track structure.

Sec. 213.357 Derails.

(a) Each track, other than a main track, which connects with a Class
7, 8 or 9 main track shall be equipped with a functioning derail of the
correct size and type, unless railroad equipment on the track, because
of grade characteristics cannot move to foul the main track.
(b) For the purposes of this section, a derail is a device which
will physically stop or divert movement of railroad rolling stock or
other railroad on-track equipment past the location of the device.
(c) Each derail shall be clearly visible. When in a locked position,
a derail shall be free of any lost motion which would prevent it from
performing its intended function.
(d) Each derail shall be maintained to function as intended.
(e) Each derail shall be properly installed for the rail to which it
is applied.
(f) If a track protected by a derail is occupied by standing
railroad rolling stock, the derail shall be in derailing position.
(g) Each derail on a track which is connected to a Class 7, 8 or 9
main track shall be interconnected with the signal system.

Sec. 213.359 Track stiffness.

(a) Track shall have a sufficient vertical strength to withstand the
maximum vehicle loads generated at maximum permissible train speeds,
cant deficiencies and surface defects. For purposes of this section,
vertical track strength is defined as the track capacity to constrain
vertical deformations so that the track shall return following maximum
load to a configuration in compliance with the vehicle/track interaction
safety limits and geometry requirements of this subpart.
(b) Track shall have sufficient lateral strength to withstand the
maximum thermal and vehicle loads generated at maximum permissible train
speeds, cant deficiencies and lateral alinement defects. For purposes of
this section lateral track strength is defined as the track capacity to
constrain lateral deformations so that track shall return following
maximum load to a configuration in compliance with the vehicle/track
interaction safety limits and geometry requirements of this subpart.

[[Page 138]]

Sec. 213.361 Right of way.

The track owner in Class 8 and 9 shall submit a barrier plan, termed
a ``right-of-way plan,'' to the Federal Railroad Administration for
approval. At a minimum, the plan will contain provisions in areas of
demonstrated need for the prevention of--
(a) Vandalism;
(b) Launching of objects from overhead bridges or structures into
the path of trains; and
(c) Intrusion of vehicles from adjacent rights of way.

Sec. 213.365 Visual inspections.

(a) All track shall be visually inspected in accordance with the
schedule prescribed in paragraph (c) of this section by a person
designated under Sec. 213.305.
(b) Each inspection shall be made on foot or by riding over the
track in a vehicle at a speed that allows the person making the
inspection to visually inspect the track structure for compliance with
this part. However, mechanical, electrical, and other track inspection
devices may be used to supplement visual inspection. If a vehicle is
used for visual inspection, the speed of the vehicle may not be more
than 5 miles per hour when passing over track crossings and turnouts,
otherwise, the inspection vehicle speed shall be at the sole discretion
of the inspector, based on track conditions and inspection requirements.
When riding over the track in a vehicle, the inspection will be subject
to the following conditions--
(1) One inspector in a vehicle may inspect up to two tracks at one
time provided that the inspector's visibility remains unobstructed by
any cause and that the second track is not centered more than 30 feet
from the track upon which the inspector is riding;
(2) Two inspectors in one vehicle may inspect up to four tracks at a
time provided that the inspector's visibility remains unobstructed by
any cause and that each track being inspected is centered within 39 feet
from the track upon which the inspectors are riding;
(3) Each main track is actually traversed by the vehicle or
inspected on foot at least once every two weeks, and each siding is
actually traversed by the vehicle or inspected on foot at least once
every month. On high density commuter railroad lines where track time
does not permit an on track vehicle inspection, and where track centers
are 15 foot or less, the requirements of this paragraph (b)(3) will not
apply; and
(4) Track inspection records shall indicate which track(s) are
traversed by the vehicle or inspected on foot as outlined in paragraph
(b)(3) of this section.
(c) Each track inspection shall be made in accordance with the
following schedule--

------------------------------------------------------------------------
Class of track Required frequency
------------------------------------------------------------------------
6, 7, and 8............................ Twice weekly with at least 2
calendar-day's interval
between inspections.
9...................................... Three times per week.
------------------------------------------------------------------------

(d) If the person making the inspection finds a deviation from the
requirements of this part, the person shall immediately initiate
remedial action.
(e) Each switch, turnout, track crossing, and lift rail assemblies
on moveable bridges shall be inspected on foot at least weekly. The
inspection shall be accomplished in accordance with the Guidebook
required under Sec. 213.353.
(f) In track Classes 8 and 9, if no train traffic operates for a
period of eight hours, a train shall be operated at a speed not to
exceed 100 miles per hour over the track before the resumption of
operations at the maximum authorized speed.

[63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998]

Sec. 213.367 Special inspections.

In the event of fire, flood, severe storm, temperature extremes or
other occurrence which might have damaged track structure, a special
inspection shall be made of the track involved as soon as possible after
the occurrence and, if possible, before the operation of any train over
that track.

Sec. 213.369 Inspection records.

(a) Each owner of track to which this part applies shall keep a
record of each inspection required to be performed on that track under
this subpart.

[[Page 139]]

(b) Except as provided in paragraph (e) of this section, each record
of an inspection under Sec. 213.365 shall be prepared on the day the
inspection is made and signed by the person making the inspection.
Records shall specify the track inspected, date of inspection, location
and nature of any deviation from the requirements of this part, and the
remedial action taken by the person making the inspection. The owner
shall designate the location(s) where each original record shall be
maintained for at least one year after the inspection covered by the
record. The owner shall also designate one location, within 100 miles of
each state in which they conduct operations, where copies of record
which apply to those operations are either maintained or can be viewed
following 10 days notice by the Federal Railroad Administration.
(c) Rail inspection records shall specify the date of inspection,
the location and nature of any internal defects found, the remedial
action taken and the date thereof, and the location of any intervals of
track not tested per Sec. 213.339(d). The owner shall retain a rail
inspection record for at least two years after the inspection and for
one year after remedial action is taken.
(d) Each owner required to keep inspection records under this
section shall make those records available for inspection and copying by
the Federal Railroad Administrator.
(e) For purposes of compliance with the requirements of this
section, an owner of track may maintain and transfer records through
electronic transmission, storage, and retrieval provided that--
(1) The electronic system be designed such that the integrity of
each record maintained through appropriate levels of security such as
recognition of an electronic signature, or other means, which uniquely
identify the initiating person as the author of that record. No two
persons shall have the same electronic identity;
(2) The electronic storage of each record shall be initiated by the
person making the inspection within 24 hours following the completion of
that inspection;
(3) The electronic system shall ensure that each record cannot be
modified in any way, or replaced, once the record is transmitted and
stored;
(4) Any amendment to a record shall be electronically stored apart
from the record which it amends. Each amendment to a record shall be
uniquely identified as to the person making the amendment;
(5) The electronic system shall provide for the maintenance of
inspection records as originally submitted without corruption or loss of
data; and
(6) Paper copies of electronic records and amendments to those
records, that may be necessary to document compliance with this part,
shall be made available for inspection and copying by the FRA and track
inspectors responsible under Sec. 213.305. Such paper copies shall be
made available to the track inspectors and at the locations specified in
paragraph (b) of this section.
(7) Track inspection records shall be kept available to persons who
performed the inspection and to persons performing subsequent
inspections.
(f) Each vehicle/track interaction safety record required under
Sec. 213.333 (g), and (m) shall be made available for inspection and
copying by the FRA at the locations specified in paragraph (b) of this
section.

Appendix A to Part 213--Maximum Allowable Curving Speeds

[[Page 140]]

Table 1--Three Inches Unbalance
[Elevation of outer rail (inches)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Degree of curvature 0 \1/2\ 1 1\1/2\ 2 2\1/2\ 3 3\1/2\ 4 4\1/2\ 5 5\1/2\ 6
--------------------------------------------------------------------------------------------------------------------------------------------------------

(12) Maximum allowable operating speed (mph)

0[deg]30[min]...................... 93 100 107 113 120 125 131 136 141 146 151 156 160
0[deg]40[min]...................... 80 87 93 98 103 109 113 118 122 127 131 135 139
0[deg]50[min]...................... 72 78 83 88 93 97 101 106 110 113 117 121 124
1[deg]00[min]...................... 66 71 76 80 85 89 93 96 100 104 107 110 113
1[deg]15[min]...................... 59 63 68 72 76 79 83 86 89 93 96 99 101
1[deg]30[min]...................... 54 58 62 66 69 72 76 79 82 85 87 90 93
1[deg]45[min]...................... 50 54 57 61 64 67 70 73 76 78 81 83 86
2[deg]00[min]...................... 46 50 54 57 60 63 66 68 71 73 76 78 80
2[deg]15[min]...................... 44 47 50 54 56 59 62 64 67 69 71 74 76
2[deg]30[min]...................... 41 45 48 51 54 56 59 61 63 66 68 70 72
2[deg]45[min]...................... 40 43 46 48 51 54 56 58 60 62 65 66 68
3[deg]00[min]...................... 38 41 44 46 49 51 54 56 58 60 62 64 66
3[deg]15[min]...................... 36 39 42 45 47 49 51 54 56 57 59 61 63
3[deg]30[min]...................... 35 38 40 43 45 47 50 52 54 55 57 59 61
3[deg]45[min]...................... 34 37 39 41 44 46 48 50 52 54 55 57 59
4[deg]00[min]...................... 33 35 38 40 42 44 46 48 50 52 54 55 57
4[deg]30[min]...................... 31 33 36 38 40 42 44 45 47 49 50 52 54
5[deg]00[min]...................... 29 32 34 36 38 40 41 43 45 46 48 49 51
5[deg]30[min]...................... 28 30 32 34 36 38 40 41 43 44 46 47 48
6[deg]00[min]...................... 27 29 31 33 35 36 38 39 41 42 44 45 46
6[deg]30[min]...................... 26 28 30 31 33 35 36 38 39 41 42 43 45
7[deg]00[min]...................... 25 27 29 30 32 34 35 36 38 39 40 42 43
8[deg]00[min]...................... 23 25 27 28 30 31 33 34 35 37 38 39 40
9[deg]00[min]...................... 22 24 25 27 28 30 31 32 33 35 36 37 38
10[deg]00[min]..................... 21 22 24 25 27 28 29 31 32 33 34 35 36
11[deg]00[min]..................... 20 21 23 24 26 27 28 29 30 31 32 33 34
12[deg]00[min]..................... 19 20 22 23 24 26 27 28 29 30 31 32 33
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 2--Four Inches Unbalance
[Elevation of outer rail (inches)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Degree of curvature 0 \1/2\ 1 1\1/2\ 2 2\1/2\ 3 3\1/2\ 4 4\1/2\ 5 5\1/2\ 6
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 141]]

(12) Maximum allowable operating speed (mph)
0[deg]30[min]...................... 107 113 120 125 131 136 141 146 151 156 160 165 169
0[deg]40[min]...................... 93 98 104 109 113 118 122 127 131 135 139 143 146
0[deg]50[min]...................... 83 88 93 97 101 106 110 113 117 121 124 128 131
1[deg]00[min]...................... 76 80 85 89 93 96 100 104 107 110 113 116 120
1[deg]15[min]...................... 68 72 76 79 83 86 89 93 96 99 101 104 107
1[deg]30[min]...................... 62 65 69 72 76 79 82 85 87 90 93 95 98
1[deg]45[min]...................... 57 61 64 67 70 73 76 78 81 83 86 88 90
2[deg]00[min]...................... 53 57 60 63 65 68 71 73 76 78 80 82 85
2[deg]15[min]...................... 50 53 56 59 62 64 67 69 71 73 76 78 80
2[deg]30[min]...................... 48 51 53 56 59 61 63 65 68 70 72 74 76
2[deg]45[min]...................... 46 48 51 53 56 58 60 62 64 66 68 70 72
3[deg]00[min]...................... 44 46 49 51 53 56 58 60 62 64 65 67 69
3[deg]15[min]...................... 42 44 47 49 51 53 55 57 59 61 63 65 66
3[deg]30[min]...................... 40 43 45 47 49 52 53 55 57 59 61 62 64
3[deg]45[min]...................... 39 41 44 46 48 50 52 53 55 57 59 60 62
4[deg]00[min]...................... 38 40 42 44 46 48 50 52 53 55 57 58 60
4[deg]30[min]...................... 36 38 40 42 44 45 47 49 50 52 53 55 56
5[deg]00[min]...................... 34 36 38 40 41 43 45 46 48 49 51 52 53
5[deg]30[min]...................... 32 34 36 38 39 41 43 44 46 47 48 50 51
6[deg]00[min]...................... 31 33 35 36 38 39 41 42 44 45 46 48 49
6[deg]30[min]...................... 30 31 33 35 36 38 39 41 42 43 44 46 47
7[deg]00[min]...................... 29 30 32 34 35 36 38 39 40 42 43 44 45
8[deg]00[min]...................... 27 28 30 31 33 34 35 37 38 39 40 41 42
9[deg]00[min]...................... 25 27 28 30 31 32 33 35 36 37 38 39 40
10[deg]00[min]..................... 24 25 27 28 29 30 32 33 34 35 36 37 38
11[deg]00[min]..................... 23 24 25 27 28 29 30 31 32 33 34 35 36
12[deg]00[min]..................... 22 23 24 26 27 28 29 30 31 32 33 34 35
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 142]]

Appendix B to Part 213--Schedule of Civil Penalties

------------------------------------------------------------------------
Willful
Section Violation Violation \1\
------------------------------------------------------------------------
Subpart A--General:
213.4(a) Excepted track \2\......... $2,500 $5,000
213.4(b) Excepted track \2\......... 2,500 5,000
213.4(c) Excepted track \2\......... 2,500 5,000
213.4(d) Excepted track \2\......... 2,500 5,000
213.4(e):
(1) Excepted track.............. 5,000 7,500
(2) Excepted track.............. 7,000 10,000
(3) Excepted track.............. 7,000 10,000
(4) Excepted track.............. 5,000 7,500
213.4(f) Excepted track............. 2,000 4,000
213.7 Designation of qualified 1,000 2,000
persons to supervise certain
renewals and inspect track.........
213.9 Classes of track: Operating 2,500 2,500
speed limits.......................
213.11 Restoration or renewal of 2,500 2,500
track under traffic conditions.....
213.13 Measuring track not under 1,000 2,000
load...............................
Subpart B--Roadbed:
213.33 Drainage..................... 2,500 5,000
213.37 Vegetation................... 1,000 2,000
Subpart C--Track Geometry:
213.53 Gage......................... 5,000 7,500
13.55 Alinement..................... 5,000 7,500
213.57 Curves; elevation and speed 2,500 5,000
limitations........................
213.59 Elevation of curved track; 2,500 2,500
runoff.............................
213.63 Track surface.................... 5,000 7,500
Subpart D--Track surface:
213.103 Ballast; general............ 2,500 5,000
213.109 Crossties
(a) Material used............... 1,000 2,000
(b) Distribution of ties........ 2,500 5,000
(c) Sufficient number of 1,000 2,000
nondefective ties..............
(d) Joint ties.................. 2,500 5,000
(e) Track constructed without 2,500 5,000
crossties......................
213.113 Defective rails............. 5,000 7,500
213.115 Rail end mismatch........... 2,500 5,000
Sec. 213.119 Continuous welded
rail
(a) through (i)................. 5,000 7,500
213.121 (a) Rail joints............. 2,500 5,000
213.121 (b) Rail joints............. 2,500 5,000
213.121 (c) Rail joints............. 5,000 7,500
213.121 (d) Rail joints............. 2,500 5,000
213.121 (e) Rail joints............. 2,500 5,000
213.121 (f) Rail joints............. 2,500 5,000
213.121 (g) Rail joints............. 2,500 5,000
213.121 (h) Rail joints............. 5,000 7,500
213.122 Torch cut rail.............. 2,500 5,000
213.123 Tie plates.................. 1,000 2,000
213.127 Rail fastenings............. 2,500 5,000
213.133 Turnouts and track 1,000 1,000
crossings, generally...............
213.135 Switches:
(a) through (g)................. 2,500 5,000
(h) chipped or worn points...... 5,000 7,500
213.137 Frogs....................... 2,500 5,000
213.139 Spring rail frogs........... 2,500 5,000
213.141 Self-guarded frogs.......... 2,500 5,000
213.143 Frog guard rails and guard 2,500 5,000
faces; gage........................
Subpart E--Track appliances and track-
related devices:
213.205 Derails..................... 2,500 5,000
Subpart F--Inspection:
213.233 Track inspections........... 2,000 4,000
213.235 Switches, crossings, 2,000 4,000
transition devices.................
213.237 Inspection of rail.......... 2,500 5,000
213.239 Special inspections......... 2,500 5,000
213.241 Inspection records.......... 1,000 1,000
Subpart G--High Speed:
213.305 Designation of qualified 1,000 2,000
individuals; general qualifications
213.307 Class of track; operating 2,500 5,000
speed limits.......................
213.309 Restoration or renewal of 2,500 5,000
track under traffic conditions.....
213.311 Measuring track not under 1,000 2,000
load...............................
213.319 Drainage.................... 2,500 5,000
213.321 Vegetation.................. 1,000 2,000

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213.323 Track gage.................. 5,000 7,500
213.327 Alinement................... 5,000 7,500
213.329 Curves, elevation and speed 2,500 5,000
limits.............................
213.331 Track surface............... 5,000 7,500
213.333 Automated vehicle inspection 5,000 7,500
systems............................
213.335 Crossties
(a) Material used............... 1,000 2,000
(b) Distribution of ties........ 2,500 5,000
(c) Sufficient number of 1,000 2,000
nondefective ties, non-concrete
(d) Sufficient number of 1,000 2,000
nondefective concrete ties.....
(e) Joint ties.................. 2,500 5,000
(f) Track constructed without 2,500 5,000
crossties......................
(g) Non-defective ties 2,500 5,000
surrounding defective ties.....
(h) Tie plates.................. 2,500 5,000
(i) Tie plates.................. 1,000 2,000
213.337 Defective rails............. 5,000 7,500
213.339 Inspection of rail in 2,500 5,000
service............................
213.341 Inspection of new rail...... 2,500 5,000
213.343 Continuous welded rail (a) 5,000 7,500
through (h)........................
213.345 Vehicle qualification 5,000 7,500
testing (a) through (b)............
(c) through (e)................. 2,500 5,000
213.347 Automotive or railroad 5,000 7,500
crossings at grade.................
213.349 Rail end mismatch........... 2,500 5,000
213.351 (a) Rail joints............. 2,500 5,000
213.351 (b) Rail joints............. 2,500 5,000
213.351 (c) Rail joints............. 5,000 7,500
213.351 (d) Rail joints............ 2,500 5,000
213.351 (e) Rail joints............. 2,500 5,000
213.351 (f) Rail joints............. 5,000 7,500
213.351 (g) Rail joints............. 5,000 7,500
213. 352 Torch cut rails............ 2,500 5,000
213.353 Turnouts, crossovers, 1,000 2,000
transition devices.................
213.355 Frog guard rails and guard 2,500 5,000
faces; gage........................
213.357 Derails..................... 2,500 5,000
213.359 Track stiffness............. 5,000 7,500
213.361 Right of way................ 5,000 7,500
213.365 Visual inspections.......... 2,500 5,000
213.367 Special inspections......... 2,500 5,000
213.369 Inspections records......... 2,000 4,000
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
violation. The Administrator reserves the right to assess a penalty of
up to $27,000 for any violation where circumstances warrant. See 49
CFR Part 209, Appendix A.
\2\ In addition to assessment of penalties for each instance of
noncompliance with the requirements identified by this footnote, track
segments designated as excepted track that are or become ineligible
for such designation by virtue of noncompliance with any of the
requirements to which this footnote applies are subject to all other
requirements of Part 213 until such noncompliance is remedied.

[63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998, as amended at
70 FR 66299, Nov. 2, 2005]

Appendix C to Part 213--Statement of Agency Policy on the Safety of
Railroad Bridges

1. The structural integrity of bridges that carry railroad tracks is
important to the safety of railroad employees and to the public. The
responsibility for the safety of railroad bridges rests with the owner
of the track carried by the bridge, together with any other party to
whom that responsibility has been assigned by the track owner.
2. The capacity of a bridge to safely support its traffic can be
determined only by intelligent application of engineering principles and
the laws of physics. Bridge owners should use, as FRA does, those
principles to assess the integrity of railroad bridges.
3. The long term ability of a structure to perform its function is
an economic issue beyond the intent of this policy. In assessing a
bridge's structural condition, FRA focuses on the present safety of the
structure, rather than its appearance or long term usefulness.
4. FRA inspectors conduct regular evaluations of railroad bridge
inspection and management practices. The objective of these evaluations
is to document the practices of the evaluated railroad and to disclose
any program weaknesses that could affect the safety of the public or
railroad employees. When the evaluation discloses problems, FRA seeks a
cooperative resolution. If safety is jeopardized by a bridge owner's
failure to resolve a bridge problem, FRA will use available legal means,
including issuance of emergency orders, to protect the safety of
railroad employees and the public.
5. This policy statement addresses the integrity of bridges that
carry railroad tracks.

[[Page 144]]

It does not address the integrity of other types of structures on
railroad property (i.e., tunnels or bridges carrying highways) or other
features over railroads (i.e., highway overpasses).
6. The guidelines published in this statement are advisory, rather
than regulatory, in nature. They indicate those elements FRA deems
essential to successful bridge management programs. FRA uses the
guidelines when evaluating bridge inspection and management practices.

Guidelines

1. Responsibility for safety of railroad bridges
(a) Track owner. The owner of the track on a bridge, or another
person assuming responsibility for the compliance of that track with
this Part under provisions of Sec. 213.5, is responsible for ensuring
that the bridge is capable of safely carrying all railroad traffic
operated on that track, and for specifying the maximum loads that may be
operated over the bridge.
(b) Divided ownership. Where the owner of the track on a bridge does
not own the bridge, the track owner should ensure that the bridge owner
is following a program that will maintain the integrity of the bridge.
The track owner either should participate in the inspection of the
bridge, or should obtain and review reports of inspections performed by
the bridge owner. The track owner should maintain current information
regarding loads that may be operated over the bridge, either from its
own engineering evaluations or as provided by a competent engineer
representing the bridge owner. Information on permissible loads may be
communicated by the bridge owner either in terms of specific car and
locomotive configurations and weights, or as values representing a
standard railroad bridge rating reference system. The most common
standard bridge rating reference system incorporated in the Manual for
Railway Engineering of the American Railway Engineering and Maintenance
of Way Association is the dimensional and proportional load
configuration devised by Theodore Cooper. Other reference systems may be
used where convenient, provided their effects can be defined in terms of
shear, bending and pier reactions as necessary for a comprehensive
evaluation and statement of the capacity of a bridge.
(c) Other railroads. The owner of the track on a bridge should
advise other railroads operating on that track of the maximum loads
permitted on the bridge stated in terms of car and locomotive
configurations and weights. No railroad should operate a load which
exceeds those limits without specific authority from, and in accordance
with restrictions placed by, the track owner.

2. Capacity of Railroad Bridges

(a) Determination. The safe capacity of bridges should be determined
by competent engineers using accepted principles of structural design
and analysis.
(b) Analysis. Proper analysis of a bridge means knowledge of the
actual dimensions, materials and properties of the structural members of
the bridge, their condition, and the stresses imposed in those members
by the service loads.
(c) Rating. The factors which were used for the design of a bridge
can generally be used to determine and rate the load capacity of a
bridge provided:
(i) The condition of the bridge has not changed significantly, and
(ii) The stresses resulting from the service loads can be correlated
to the stresses for which the bridge was designed or rated.

3. Railroad Bridge Loads

(a) Control of loads. The operating instructions for each railroad
operating over bridges should include provisions to restrict the
movement of cars and locomotives whose weight or configuration exceed
the nominal capacity of the bridges.
(b) Authority for exceptions. Equipment exceeding the nominal weight
restriction on a bridge should be operated only under conditions
determined by a competent engineer who has properly analyzed the
stresses resulting from the proposed loads.
(c) Operating conditions. Operating conditions for exceptional loads
may include speed restrictions, restriction of traffic from adjacent
multiple tracks, and weight limitations on adjacent cars in the same
train.

4. Railroad Bridge Records

(a) The organization responsible for the safety of a bridge should
keep design, construction, maintenance and repair records readily
accessible to permit the determination of safe loads. Having design or
rating drawings and calculations that conform to the actual structure
greatly simplifies the process of making accurate determinations of safe
bridge loads.
(b) Organizations acquiring railroad property should obtain original
or usable copies of all bridge records and drawings, and protect or
maintain knowledge of the location of the original records.

5. Specifications for Design and Rating of Railroad Bridges

(a) The recommended specifications for the design and rating of
bridges are those found in the Manual for Railway Engineering published
by the American Railway Engineering and Maintenance-of-way Association.
These specifications incorporate recognized principles of structural
design and analysis to provide for the safe and economic utilization

[[Page 145]]

of railroad bridges during their expected useful lives. These
specifications are continually reviewed and revised by committees of
competent engineers. Other specifications for design and rating,
however, have been successfully used by some railroads and may continue
to be suitable.
(b) A bridge can be rated for capacity according to current
specifications regardless of the specification to which it was
originally designed.

6. Periodic Inspections of Railroad Bridges

(a) Periodic bridge inspections by competent inspectors are
necessary to determine whether a structure conforms to its design or
rating condition and, if not, the degree of nonconformity.
(b) The prevailing practice throughout the railroad industry is to
inspect railroad bridges at least annually. Inspections at more frequent
intervals may be indicated by the nature or condition of a structure or
intensive traffic levels.

7. Underwater Inspections of Railroad Bridges

(a) Inspections of bridges should include measuring and recording
the condition of substructure support at locations subject to erosion
from moving water.
(b) Stream beds often are not visible to the inspector. Indirect
measurements by sounding, probing, or any other appropriate means are
necessary in those cases. A series of records of those readings will
provide the best information in the event unexpected changes suddenly
occur. Where such indirect measurements do not provide the necessary
assurance of foundation integrity, diving inspections should be
performed as prescribed by a competent engineer.

8. Seismic Considerations

(a) Owners of bridges should be aware of the risks posed by
earthquakes in the areas in which their bridges are located. Precautions
should be taken to protect the safety of trains and the public following
an earthquake.
(b) Contingency plans for seismic events should be prepared in
advance, taking into account the potential for seismic activity in an
area.
(c) The predicted attenuation of ground motion varies considerably
within the United States. Local ground motion attenuation values and the
magnitude of an earthquake both influence the extent of the area
affected by an earthquake. Regions with low frequency of seismic events
produce less data from which to predict attenuation factors. That
uncertainty should be considered when designating the area in which
precautions should be taken following the first notice of an earthquake.
In fact, earthquakes in such regions might propagate their effects over
much wider areas than earthquakes of the same magnitude occurring in
regions with frequent seismic activity.

9. Special Inspections of Railroad Bridges

(a) A special bridge inspection should be performed after an
occurrence that might have reduced the capacity of the bridge, such as a
flood, an earthquake, a derailment, or an unusual impact.
(b) When a railroad learns that a bridge might have suffered damage
through an unusual occurrence, it should restrict train operations over
the bridge until the bridge is inspected and evaluated.

10. Railroad Bridge Inspection Records

(a) Bridge inspections should be recorded. Records should identify
the structure inspected, the date of the inspection, the name of the
inspector, the components inspected, and their condition.
(b) Information from bridge inspection reports should be
incorporated into a bridge management program to ensure that exceptions
on the reports are corrected or accounted for. A series of inspection
reports prepared over time should be maintained so as to provide a
valuable record of trends and rates of degradation of bridge components.
The reports should be structured to promote comprehensive inspections
and effective communication between an inspector and an engineer who
performs an analysis of a bridge.
(c) An inspection report should be comprehensible to a competent
person without interpretation by the reporting inspector.

11. Railroad Bridge Inspectors and Engineers

(a) Bridge inspections should be performed by technicians whose
training and experience enable them to detect and record indications of
distress on a bridge. Inspectors should provide accurate measurements
and other information about the condition of the bridge in enough detail
so that an engineer can make a proper evaluation of the safety of the
bridge.
(b) Accurate information about the condition of a bridge should be
evaluated by an engineer who is competent to determine the capacity of
the bridge. The inspector and the evaluator often are not the same
individual. The quality of the bridge evaluation depends on the quality
of the communication between them.

12. Scheduling Inspections

(a) A bridge management program should include a means to ensure
that each bridge

[[Page 146]]

under the program is inspected at the frequency prescribed for that
bridge by a competent engineer.
(b) Bridge inspections should be scheduled from an accurate bridge
inventory list that includes the due date of the next inspection.

13. Special Considerations for Railroad Bridges

Railroad bridges differ from other types of bridges in the types of
loads they carry, in their modes of failure and indications of distress,
and in their construction details and components. Proper inspection and
analysis of railroad bridges require familiarity with the loads, details
and indications of distress that are unique to this class of structure.
Particular care should be taken that modifications to railroad bridges,
including retrofits for protection against the effects of earthquakes,
are suitable for the structure to which they are to be applied.
Modifications should not adversely affect the serviceability of the
bridge nor its accessibility for periodic or special inspection.

[65 FR 52670, Aug. 30, 2000]