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[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
[CITE: 49CFR217]

[Page 190-193]
 

TITLE 49--TRANSPORTATION
CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 217--RAILROAD OPERATING RULES


                           Subpart A--General

Sec.
217.1 Purpose.
217.3 Application.
217.4 Definitions.
217.5 Penalty.
217.7 Operating rules; filing and recordkeeping.
217.9 Program of operational tests and inspections; recordkeeping.
217.11 Program of instruction on operating rules; recordkeeping; 
          electronic recordkeeping.
217.13 Information collection.

Appendix A to Part 217--Schedule of Civil Penalties

    Authority: 49 U.S.C. 20103, 20107 and 49 CFR 1.49.

    Source: 39 FR 41176, Nov. 25, 1974, unless otherwise noted.

                           Subpart A--General

Sec. 217.1  Purpose.

    Through the requirements of this part, the Federal Railroad 
Administration learns the condition of operating rules and practices 
with respect to trains and other rolling equipment in the railroad 
industry, and each railroad is required to instruct its employees in 
operating practices.

Sec. 217.3  Application.

    (a) Except as provided in paragraph (b) of this section, this part 
applies to railroads that operate trains or other rolling equipment on 
standard gage track which is part of the general railroad system of 
transportation.
    (b) This part does not apply to--
    (1) A railroad that operates only on track inside an installation 
which is not part of the general railroad system of transportation; or
    (2) Rapid transit operations in an urban area that are not connected 
with the general railroad system of transportation.

[40 FR 2690, Jan. 15, 1975, as amended at 54 FR 33229, Aug. 14, 1989]

Sec. 217.4  Definitions.

    As used in this part--
    Class I, Class II, and Class III have the meaning assigned by 
regulations of the Interstate Commerce Commission (49 CFR part 1201; 
General Instructions 1-1), as those regulations may be revised and 
applied by order of the Commission (including modifications in class 
thresholds based revenue deflator adjustments).
    Division headquarters means the location designated by the railroad 
where a high-level operating manager (e.g., a superintendent, division 
manager, or equivalent), who has jurisdiction over a portion of the 
railroad, has an office.
    System headquarters means the location designated by the railroad as 
the general office for the railroad system.

[59 FR 43070, Aug. 22, 1994]

Sec. 217.5  Penalty.

    Any person (an entity of any type covered under 1 U.S.C. 1, 
including but not limited to the following: a railroad; a manager, 
supervisor, official, or

[[Page 191]]

other employee or agent of a railroad; any owner, manufacturer, lessor, 
or lessee of railroad equipment, track, or facilities; any independent 
contractor providing goods or services to a railroad; and any employee 
of such owner, manufacturer, lessor, lessee, or independent contractor) 
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. 
Each day a violation continues shall constitute a separate offense. See 
appendix A to this part for a statement of agency civil penalty policy.

[53 FR 28599, July 28, 1988, as amended at 53 FR 52927, Dec. 29, 1988; 
63 FR 11620, Mar. 10, 1998]

Sec. 217.7  Operating rules; filing and recordkeeping.

    (a) On or before December 21, 1994, each Class I railroad, Class II 
railroad, the National Railroad Passenger Corporation, and each railroad 
providing commuter service in a metropolitan or suburban area that is in 
operation on November 21, 1994, shall file with the Federal Railroad 
Administrator, Washington, DC 20590, one copy of its code of operating 
rules, timetables, and timetable special instructions which were in 
effect on November 21, 1994. Each Class I railroad, each Class II 
railroad, and each railroad providing commuter service in a metropolitan 
or suburban area that commences operations after November 21, 1994, 
shall file with the Administrator one copy of its code of operating 
rules, timetables, and timetable special instructions before it 
commences operations.
    (b) After November 21, 1994, each Class I railroad, each Class II 
railroad, the National Railroad Passenger Corporation, and each railroad 
providing commuter service in a metropolitan or suburban area shall file 
each new amendment to its code of operating rules, each new timetable, 
and each new timetable special instruction with the Federal Railroad 
Administrator within 30 days after it is issued.
    (c) On or after November 21, 1994, each Class III railroad and any 
other railroad subject to this part but not subject to paragraphs (a) 
and (b) of this section shall keep one copy of its current code of 
operating rules, timetables, and timetable special instructions and one 
copy of each subsequent amendment to its code of operating rules, each 
new timetable, and each new timetable special instruction, at its system 
headquarters, and shall make such records available to representatives 
of the Federal Railroad Administration for inspection and copying during 
normal business hours.

[59 FR 43070, Aug. 22, 1994]

Sec. 217.9  Program of operational tests and inspections; recordkeeping.

    (a) Requirement to conduct operational tests and inspections. Each 
railroad to which this part applies shall periodically conduct 
operational tests and inspections to determine the extent of compliance 
with its code of operating rules, timetables, and timetable special 
instructions in accordance with a written program retained at its system 
headquarters and at the division headquarters for each division where 
the tests are conducted.
    (b) Written program of operational tests and inspections. On or 
after November 21, 1994, or 30 days before commencing operations, 
whichever is later, each railroad to which this part applies shall 
retain one copy of its current program for periodic performance of the 
operational tests and inspections required by paragraph (a) of this 
section and one copy of each subsequent amendment to such program. These 
records shall be retained at the system headquarters of the railroad and 
at the division headquarters for each division where the tests are 
conducted, for three calendar years after the end of the calendar year 
to which they relate. These records shall be made available to 
representatives of the Federal Railroad Administration for inspection 
and copying during normal business hours. The program shall--

[[Page 192]]

    (1) Provide for operational testing and inspection under the various 
operating conditions on the railroad;
    (2) Describe each type of operational test and inspection adopted, 
including the means and procedures used to carry it out;
    (3) State the purpose of each type of operational test and 
inspection;
    (4) State, according to operating divisions where applicable, the 
frequency with which each type of operational test and inspection is 
conducted;
    (5) Begin within 30 days after November 21, 1994, or the date of 
commencing operations, whichever is later; and
    (6) Include a schedule for making the program fully operative within 
210 days after it begins.
    (c) Records of individual tests and inspections. Each railroad to 
which this part applies shall keep a record of the date, time, place, 
and result of each operational test and inspection that was performed in 
accordance with its program. Each record shall specify the officer 
administering the test and inspection and each employee tested. These 
records shall be retained at the system headquarters of the railroad and 
at the division headquarters for each division where the tests are 
conducted for one calendar year after the end of the calendar year to 
which they relate. These records shall be made available to 
representatives of the Federal Railroad Administration for inspection 
and copying during normal business hours.
    (d) Annual summary on operational tests and inspections. Before 
March 1 of each calendar year, each railroad to which this part applies, 
except for a railroad with less than 400,000 total manhours, shall 
retain, at each of its division headquarters and at the system 
headquarters of the railroad, one copy of a written summary of the 
following with respect to its previous year's activities: The number, 
type, and result of each operational test and inspection, stated 
according to operating divisions where applicable, that was conducted as 
required by paragraphs (a) and (b) of this section. These records shall 
be retained for three calendar years after the end of the calendar year 
to which they relate and shall be made available to representatives of 
the Federal Railroad Administration for inspection and copying during 
normal business hours.
    (e) Electronic recordkeeping. Each railroad to which this part 
applies is authorized to retain by electronic recordkeeping the 
information prescribed in paragraphs (b) through (d) of this section, 
provided that all of the following conditions are met:
    (1) The railroad adequately limits and controls accessibility to 
such information retained in its electronic database system and 
identifies those individuals who have such access;
    (2) The railroad has a terminal at the system headquarters and at 
each division headquarters;
    (3) Each such terminal has a desk-top computer (i.e., monitor, 
central processing unit, and keyboard) and either a facsimile machine or 
a printer connected to the computer to retrieve and produce information 
in a usable format for immediate review by FRA representatives;
    (4) The railroad has a designated representative who is authorized 
to authenticate retrieved information from the electronic system as true 
and accurate copies of the electronically kept records; and
    (5) The railroad provides representatives of the Federal Railroad 
Administration with immediate access to these records for inspection and 
copying during normal business hours and provides printouts of such 
records upon request.

[39 FR 41176, Nov. 25, 1974, as amended at 59 FR 43070, Aug. 22, 1994]

Sec. 217.11  Program of instruction on operating rules; recordkeeping; 
          electronic recordkeeping.

    (a) To ensure that each railroad employee whose activities are 
governed by the railroad's operating rules understands those rules, each 
railroad to which this part applies shall periodically instruct each 
such employee on the meaning and application of the railroad's operating 
rules in accordance with a written program retained at its system 
headquarters and at the division headquarters for each division where 
the employee is instructed.
    (b) On or after November 21, 1994, or 30 days before commencing 
operations, whichever is later, each railroad to

[[Page 193]]

which this part applies shall retain one copy of its current program for 
the periodic instruction of its employees as required by paragraph (a) 
of this section and one copy of each subsequent amendment to that 
program. The system headquarters of the railroad shall retain one copy 
of all these records; the division headquarters for each division where 
the employees are instructed shall retain one copy of all portions of 
these records that the division applies and enforces. These records 
shall be made available to representatives of the Federal Railroad 
Administration for inspection and copying during normal business hours. 
This program shall--
    (1) Describe the means and procedures used for instruction of the 
various classes of affected employees;
    (2) State the frequency of instruction and the basis for determining 
that frequency;
    (3) Include a schedule for completing the initial instruction of 
employees who are already employed when the program begins;
    (4) Begin within 30 days after November 21, 1994, or the date of 
commencing operations, whichever is later; and
    (5) Provide for initial instruction of each employee hired after the 
program begins.
    (c) Each railroad to which this part applies is authorized to retain 
by electronic recordkeeping its program for periodic instruction of its 
employees on operating rules provided that the requirements stated in 
Sec. 217.9(e)(1) through (5) of this part are satisfied.

[39 FR 41176, Nov. 25, 1974, as amended at 59 FR 43071, Aug. 22, 1994]

Sec. 217.13  Information collection.

    (a) The information collection requirements in this part have been 
reviewed by the Office of Management and Budget pursuant to the 
Paperwork Reduction Act of 1980, Public Law 96-511, and have been 
assigned OMB control number 2130-0035.
    (b) The information collection requirements are found in the 
following sections:
    (1) Section 217.7.
    (2) Section 217.9.
    (3) Section 217.11.

[50 FR 7919, Feb. 27, 1985. Redesignated and amended at 59 FR 43071, 
Aug. 22, 1994]

         Appendix A to Part 217--Schedule Of Civil Penalties \1\

------------------------------------------------------------------------
                                                               Willful
                    Section                      Violation    violation
------------------------------------------------------------------------
217.7 Operating rules:
    (a).......................................       $2,500       $5,000
    (b).......................................       $2,000       $5,000
    (c).......................................       $2,500       $5,000
217.9 Operational tests and inspections:

    (a) Program...............................       $5,000       $7,500
    (b) Record of program.....................        2,500       $5,000
    (c) Record of tests and inspections.......       $5,000       $7,500
    (d) Annual summary........................       $5,000       $7,500
217.11 Program of instruction on operating
 rules:
    (a).......................................       $5,000       $7,500
    (b).......................................       $2,500       $5,000
------------------------------------------------------------------------
\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.


[59 FR 43071, Aug. 22, 1994, as amended at 63 FR 11620, Mar. 10, 1998]