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[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
[CITE: 49CFR213]

[Page 92-143]
 

TITLE 49--TRANSPORTATION
CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 213--TRACK SAFETY STANDARDS


                           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 93]]

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; and 49 
CFR1.49(m).

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

[[Page 94]]

                           Subpart A--General

Sec. 213.1  Scope of part.

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

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,

[[Page 95]]

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 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

[[Page 96]]

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 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 
Secs. 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

[[Page 97]]

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 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 $500 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 $22,000 
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.

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.

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: Secs. 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 98]]

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\<gr-thn-eq>.
Class 1 track...........................  4[foot]8<gr-thn-eq>............  4[foot]10<gr-thn-eq>.
Class 2 and 3 track.....................  4[foot]8<gr-thn-eq>............  4[foot]9\3/4\<gr-thn-eq>.
Class 4 and 5 track.....................  4[foot]8<gr-thn-eq>............  4[foot]9\1/2\<gr-thn-eq>.
----------------------------------------------------------------------------------------------------------------

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 99]]


Where--

V<INF>max</INF> = Maximum allowable operating speed (miles per hour).
E<INF>a</INF> = 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--

V<INF>max</INF> = Maximum allowable operating speed (miles per hour).
E<INF>a</INF> = 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 100]]

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* <SUP>1,</SUP>  <SUP>2</SUP>..........

[[Page 101]]


* 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.

    (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. 213.53(b);
    (ii) Maintain surface within the limits prescribed in Sec. 213.63; 
and
    (iii) Maintain alinement within the limits prescribed in 
Sec. 213.55.
    (2) The minimum number and type of crossties specified in paragraphs 
(c) and (d) of this section effectively distributed to support the 
entire segment; and
    (3) At least one crosstie of the type specified in paragraphs (c) 
and (d) of this section that is located at a joint location as specified 
in paragraph (f) of this section.
    (c) Each 39 foot segment of: Class 1 track shall have five 
crossties; Classes 2 and 3 track shall have eight crossties; and Classes 
4 and 5 track shall have 12 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 more than \1/2\ inch relative to the crossties; or
    (4) Cut by the tie plate through more than 40 percent of a ties' 
thickness.
    (d) Each 39 foot segment of track shall have the minimum number and 
type of crossties as indicated in the following table (this paragraph 
(d) is applicable September 21, 2000).

------------------------------------------------------------------------
                                                                Turnouts
                                                     Tangent      and
                                                    track and    curved
                  Class of track                      curves     track
                                                      [le]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 102]]

    (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<gr-thn-eq> 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<gr-thn-eq> shown above, or:

[[Page 103]]

[GRAPHIC] [TIFF OMITTED] TR22JN98.005

Two crossties, one on each side of the rail joint, whose centerlines are 
      within 24<gr-thn-eq> 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 Secs. 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 104]]

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 105]]



------------------------------------------------------------------------
                       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 
Secs. 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 Secs. 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 Secs. 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 106]]

    (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 107]]

[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 108]]

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 109]]

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 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 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.
    (b) Rail anchoring or fastening requirements that will provide 
sufficient

[[Page 110]]

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) 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 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 must 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 from the Class 1 
requirements

[[Page 111]]

specified in Sec. 213.55 of this part. 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.

[63 FR 34029, June 22, 1998; 63 FR 46102, Aug. 28, 1998; 63 FR 49382, 
Sept. 15, 1998]

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 exceed the maximum allowable for Class 2 track. For 
existing torch cut

[[Page 112]]

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

[[Page 113]]

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
                                            guard rail or guarding face,    guard lines \1\, measured across the
             Class of track                 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\<gr-thn-eq>.......  4[foot] 5\1/4\<gr-thn-eq>
Class 2 track...........................  4[foot]6\1/4\<gr-thn-eq>.......  4[foot] 5\1/8\<gr-thn-eq>
Class 3 and 4 track.....................  4[foot] 6\3/8\<gr-thn-eq>......  4[foot]5\1/8\<gr-thn-eq>
Class 5 track...........................  4[foot]6\1/2\<gr-thn-eq>.......  4[foot] 5<gr-thn-eq>
----------------------------------------------------------------------------------------------------------------
\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 114]]

[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 115]]



------------------------------------------------------------------------
       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 116]]

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 Secs. 213.4, 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.

        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 30 days in advance of the assignment. The 
notification may be made by any

[[Page 117]]

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 successful completion of a 
minimum of 80 hours of specialized training in the

[[Page 118]]

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 119]]

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 
Secs. 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 Secs. 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 120]]

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.

    (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:

------------------------------------------------------------------------
                                                                   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<gr-thn  4[foot]9\1/         \1/
                                  -.              4\<gr-thn-eq>. 2\<gr-thn-eq>
7..............................  4[foot]8<gr-th  4[foot]9\1/         \1/
                                  n.              4\<gr-thn-eq>. 2\<gr-thn-eq>
8..............................  4[foot]8<gr-th  4[foot]9\1/         \1/
                                  n.              4\<gr-thn-eq>. 2\<gr-thn-eq>
9..............................  4[foot]8\1/     4[foot]9\1/         \1/
                                  4\<gr-thn-eq>.  4\<gr-thn-eq>. 2\<gr-thn-eq>
------------------------------------------------------------------------

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<gr-thn-eq>
62[foot]...................................  15[foot]6<gr-thn-eq>
124[foot]..................................  31[foot]0<gr-thn-eq>
------------------------------------------------------------------------

    (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:

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

[[Page 121]]


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--

V<INF>max</INF> = Maximum allowable operating speed (miles per hour).
E<INF>a</INF> = 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 E<INF>u</INF> 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--

V<INF>max</INF> = Maximum allowable operating speed (miles per hour).
E<INF>a</INF> = Actual elevation of the outside rail (inches) \4\.
D = Degree of curvature (degrees) \5\.
E<INF>u</INF> = 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, 
E<INF>a</INF>, reflecting the intended target cant deficiency, 
E<INF>u</INF>, 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 ``E<INF>u</INF>'' 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 122]]

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:

------------------------------------------------------------------------
                                            Class of track
                             -------------------------------------------
        Track surface             6          7          8          9
                               (inches)   (inches)   (inches)   (inches)
------------------------------------------------------------------------
The deviation from uniform        \3/4\      \3/4\      \1/2\      \3/8\
 profile on either rail at
 the midordinate of a 31-
 foot chord may not be more
 than.......................
The deviation from uniform        \3/4\      \3/4\      \3/4\      \1/2\
 profile on either rail at
 the midordinate of a 62-
 foot chord may not be more
 than.......................
The deviation from uniform       1\1/4\          1      \7/8\      \7/8\
 profile on either rail at
 the midordinate of a 124-
 foot chord may not be more
 than.......................
------------------------------------------------------------------------

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 123]]

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 124]]

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 125]]

[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.

    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.

[[Page 126]]

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 127]]

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

[[Page 128]]


    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.

    (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 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.

[[Page 129]]

    (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 130]]

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 131]]

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

[[Page 132]]

rail anchors/rail fasteners and the ballast section to the rail/crosstie 
structure against longitudinal displacement.

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

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<SUP>2</SUP> + L<SUP>2</SUP>) 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 rail-to-rail crossings at-grade on Class 8 and 9 track.

[[Page 133]]

    (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.
    (c) Each flangeway at turnouts and track crossings shall be at least 
1\1/2\ inches wide.

[[Page 134]]

    (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 <SUP>1</SUP> of its    Guard face gage--The distance between
             Class of track                 guard rail or guarding face,     guard lines,<SUP>1</SUP> measured across the
                                            measured across the track at     track at right angles to the gage
                                          right angles to the gage line,<SUP>2</SUP>      line,<SUP>2</SUP> may not be more than--
                                               may not be less than--
----------------------------------------------------------------------------------------------------------------
Class 6 track...........................  4[foot]6\1/2\<gr-thn-eq>.......  4[foot]5<gr-thn-eq>
Class 7 track...........................  4[foot]6\1/2\<gr-thn-eq>.......  4[foot]5<gr-thn-eq>
Class 8 track...........................  4[foot]6\1/2\<gr-thn-eq>.......  4[foot]5<gr-thn-eq>
Class 9 track...........................  4[foot]6\1/2\<gr-thn-eq>.......  4[foot] 5<gr-thn-eq>
----------------------------------------------------------------------------------------------------------------
<SUP>1</SUP> 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.
<SUP>2</SUP> 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.

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.

[[Page 135]]

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.
    (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

[[Page 136]]

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 137]]



                                                             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 138]]


                                                      (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 139]]

           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
    213.119 Continuous welded rail
        (a) through (h).................           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
    213.323 Track gage..................           5,000           7,500

[[Page 140]]


    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 $22,000 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]

  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. It does not address the integrity of other types 
of structures on railroad property (i.e.,

[[Page 141]]

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 142]]

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 143]]

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]

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