DOT 49 CFR PART 216-2010 SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES RAILROAD TRACK LOCOMOTIVE AND EQUIPMENT.pdf

1、196 49 CFR Ch. II (10110 Edition) Pt. 215, App. D (A) Coupler shank bent. (B) Coupler cracked in highly stressed area of head and shank. (C) Coupler knuckle broken. (D) Coupler knuckle pin or knuckle throw: (1) Missing; (2) Inoperative. (E) Coupler retainer pin lock: (1) Missing; (2) Broken. (F)(1)

2、Coupler locklift is inoperative; (2) No anti-creep protection; (3) Coupler lock is (i) missing, (ii) inoper-ative, (iii) bent, (iv) cracked or (v) bro-ken. 215.125 Defective uncoupling device. (A) Fouling on curve. (B) Unintentional uncoupling. 215.127 Defective draft arrangement. (A) Draft gear ino

3、perative. (B) Broken yoke. (C) End of car cushioning unit: (1) Leaking; (2) Inoperative. (D) Vertical coupler pin retainer plate: (1) Missing; (2) Has missing fastener. (E) Draft key or key retainer: (1) Inoperative; (2) Missing. (F) Follower plate missing or broken. 215.129 Defective cushioning dev

4、ice unless effectively immobilized. (A) Broken. (B) Inoperative. (C) Missing parts. 215.203 Operating a restricted car, except under conditions approved by FRA. Stenciling 215.301 Failure to stencil car number and built date on freight car as required. 215.303 Failure to stencil restricted car as re

5、quired. 215.305 Failure to stencil maintenance-of- way equipment as required. APPENDIX D TO PART 215PRE- DEPARTURE INSPECTION PROCEDURE At each location where a freight car is placed in a train and a person designated under 215.11 is not on duty for the purpose of inspecting freight cars, the freigh

6、t car shall, as a minimum, be inspected for the im-minently hazardous conditions listed below that are likely to cause an accident or cas-ualty before the train arrives at its destina-tion. These conditions are readily discover-able by a train crew member in the course of a customary inspection. 1.

7、Car body: (a) Leaning or listing to side. (b) Sagging downward. (c) Positioned improperly on truck. (d) Object dragging below. (e) Object extending from side. (f) Door insecurely attached. (g) Broken or missing safety appliance. (h) Lading leaking from a placarded haz-ardous material car. 2. Insecur

8、e coupling. 3. Overheated wheel or journal. 4. Broken or extensively cracked wheel. 5. Brake that fails to release. 6. Any other apparent safety hazard likely to cause an accident or casualty before the train arrives at its destination. 45 FR 26711, Apr. 21, 1980, as amended at 73 FR 79701, Dec. 30,

9、 2008 PART 216SPECIAL NOTICE AND EMERGENCY ORDER PROCE-DURES: RAILROAD TRACK, LO-COMOTIVE AND EQUIPMENT Subpart AGeneral Sec. 216.1 Application. 216.3 Definitions. 216.5 Delegation and general provisions. 216.7 Penalties. Subpart BSpecial Notice for Repairs 216.11 Special notice for repairsrailroad

10、freight car. 216.13 Special notice for repairsloco-motive. 216.14 Special notice for repairspassenger equipment. 216.15 Special notice for repairstrack class. 216.17 Appeals. Subpart CEmergency OrderTrack 216.21 Notice of track conditions. 216.23 Consideration of recommendation. 216.25 Issuance and

11、review of emergency order. 216.27 Reservation of authority and discre-tion. AUTHORITY: 49 U.S.C. 2010220104, 20107, 20111, 20133, 2070120702, 2130121302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49. SOURCE: 41 FR 18657, May 6, 1976, unless otherwise noted. Subpart AGeneral 216.1 Application. (a) Th

12、is part applies, according to its terms, to each railroad that uses or op-erates (1) A railroad freight car subject to part 215 of this chapter; (2) A locomotive subject to 49 U.S.C. chapter 207 (49 U.S.C. 2070103); or VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00206 Fmt 8010 Sfmt 80

13、10 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-197 Federal Railroad Administration, DOT 216.11 (3) Railroad passenger equipment subject to part 238 of this chapter. (b) This part applies, a

14、ccording to its terms, to each railroad owning track subject to part 213 of this chapter. 41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999 216.3 Definitions. As used in this part (a) FRA means the Federal Railroad Administration. (b) State means a State participating in investigativ

15、e and surveillance ac-tivities under 49 U.S.C. 20105. (c) Inspector includes FRA Regional Supervisors of Inspectors. 41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999 216.5 Delegation and general provi-sions. (a) The Administrator has delegated to the appropriate FRA and State per-so

16、nnel the authority to implement this part. (b) Communications to the Adminis-trator relating to the operation of this part should be submitted to the Docket Clerk, Office of Chief Counsel, Federal Railroad Administration, Washington, DC 20590. (c) The notices prescribed in 216.11, 216.13, 216.14, 21

17、6.15, and 216.21 of this part are issued on standard FRA forms indicating the particular subject mat-ter. An inspector issues a notice by de-livering it to an appropriate officer or agent immediately responsible for the affected locomotive, car, or track. 41 FR 18657, May 6, 1976, as amended at 41 F

18、R 43153, Sept. 30, 1976; 64 FR 25659, May 12, 1999; 74 FR 25172, May 27, 2009 216.7 Penalties. Any person (an entity of any type covered under 1 U.S.C. 1, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, man

19、ufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a rail-road; and any employee of such owner, manufacturer, lessor, lessee, or inde-pendent contractor) who violates any requirement of this part or causes the violation

20、 of any such requirement is subject to a civil penalty of at least $650 and not more than $25,000 per vio-lation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of re-peated violations has created an immi-

21、nent hazard of death or injury to per-sons, or has caused death or injury, a penalty not to exceed $100,000 per viola-tion may be assessed. Each day a viola-tion continues shall constitute a sepa-rate offense. See 49 CFR part 209, ap-pendix A. 53 FR 28599, July 28, 1988, as amended at 63 FR 11620, M

22、ar. 10, 1998; 69 FR 30593, May 28, 2004; 72 FR 51196, Sept. 6, 2007; 73 FR 79701, Dec. 30, 2008 Subpart BSpecial Notice for Repairs EDITORIAL NOTE: Nomenclature changes to subpart B of part 216 appear at 64 FR 25659, May 12, 1999. 216.11 Special notice for repairs railroad freight car. (a) When an F

23、RA Motive Power and Equipment Inspector or a State Equip-ment Inspector determines that a rail-road freight car is not in conformity with the requirements of the FRA Freight Car Safety Standards set forth in part 215 of this chapter and that it is unsafe for further service, he notifies the railroad

24、 in writing that the car is not in serviceable condition. The Spe-cial Notice sets out and describes the defects that cause the car to be in un-serviceable condition. After receipt of the Special Notice, the railroad shall remove the car from service until it is restored to serviceable condition. Th

25、e car may not be deemed to be in service-able condition until it complies with all applicable requirements of part 215 of this chapter. (b) The railroad shall notify the FRA Regional Administrator in writing when the equipment is returned to service, specifying the repairs com-pleted. (c) A railroad

26、 freight car subject to the notice prescribed in paragraph (a) of this section may be moved from the place where it was found to be unsafe VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot f

27、or ResaleNo reproduction or networking permitted without license from IHS-,-,-198 49 CFR Ch. II (10110 Edition) 216.13 for further service to the nearest avail-able point where the car can be re-paired, if such movement is necessary to make such repairs. However, the movement is subject to the furth

28、er re-strictions of 215.9 of this chapter. 41 FR 18657, May 6, 1976, as amended at 41 FR 43153, Sept. 30, 1976 216.13 Special notice for repairslo-comotive. (a) When an FRA Motive Power and Equipment Inspector or State Equip-ment Inspector determines a loco-motive is not safe to operate in the servi

29、ce to which it is put, whether by reason of nonconformity with the FRA Railroad Locomotive Safety Standards set forth in part 229 of this chapter or the FRA Railroad Locomotive Inspec-tion Regulations set forth in part 230 of this chapter or by reason of any other condition rendering the locomotive

30、un-safe, he or she will notify the railroad in writing that the locomotive is not in serviceable condition. After receipt of the Special Notice, the railroad shall remove the locomotive from service until it is restored to serviceable con-dition. The locomotive may not be deemed to be in serviceable

31、 condition until it complies with all applicable re-quirements of parts 229 and 230 of this chapter and until all additional defi-ciencies identified in the Special No-tice have been corrected. (b) The carrier shall notify the FRA Regional Administrator in writing when the locomotive is returned to

32、service, specifying the repairs com-pleted. The carrier officer or employee directly responsible for the repairs shall subscribe this writing under oath. 41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999 216.14 Special notice for repairs passenger equipment. (a) When an FRA Motive Po

33、wer and Equipment Inspector or a State Equip-ment Inspector determines that rail-road passenger equipment is not in conformity with one or more of the re-quirements of the FRA Passenger Equipment Safety Standards set forth in part 238 of this chapter and that it is unsafe for further service, he or

34、she will issue a written Special Notice to the railroad that the equipment is not in serviceable condition. The Special Notice describes the defect or defects that cause the equipment to be in un-serviceable condition. After receipt of the Special Notice, the railroad shall remove the equipment from

35、 service until it is restored to serviceable con-dition. The equipment may not be deemed in serviceable condition until it complies with all applicable require-ments of part 238 of this chapter. (b) The railroad shall notify in writ-ing the FRA Regional Administrator for the FRA region in which the

36、Spe-cial Notice was issued when the equip-ment is returned to service, specifying the repairs completed. (c) Railroad passenger equipment subject to a Special Notice may be moved from the place where it was found to be unsafe for further service to the nearest available point where the equipment can

37、 be repaired, if such movement is necessary to make the re-pairs. However, the movement is sub-ject to the further restrictions of 238.15 and 238.17 of this chapter. 64 FR 25659, May 12, 1999 216.15 Special notice for repairs track class. (a) When an FRA Track Inspector or State Track Inspector dete

38、rmines that track does not comply with the re-quirements for the class at which the track is being operated, as defined in the Track Safety Standards (49 CFR part 213), he notifies the railroad in writing that the track is being lowered in class and that operations over that track must comply with t

39、he speed limi-tations prescribed in part 213 of this chapter. The notice describes the con-ditions requiring the track to be low-ered in class, specifies the exact loca-tion of the affected track segment, and states the highest class and cor-responding maximum speeds at which trains may be operated

40、over that track. After receipt of such notice, the speeds at which trains operate over that track shall not exceed the stated maximum permissible speeds, until such time as the track conforms to ap-plicable standards for a higher class. (b) The railroad shall notify the FRA Regional Administrator in

41、 writing when the track is restored to a condi-tion permitting operations at speeds VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted withou

42、t license from IHS-,-,-199 Federal Railroad Administration, DOT 216.25 authorized for a higher class, speci-fying the repairs completed. 41 FR 43153, Sept. 30, 1976 216.17 Appeals. (a) Upon receipt of a Special Notice prescribed in 216.11, 216.13, 216.14, or 216.15, a railroad may appeal the deci-si

43、on of the Inspector to the FRA Re-gional Administrator for the region in which the notice was given. The appeal shall be made by letter or telegram. The FRA Regional Administrator as-signs an inspector, other than the in-spector from whose decision the appeal is being taken, to reinspect the rail-ro

44、ad freight car, locomotive, railroad passenger equipment, or track. The re-inspection will be made immediately. If upon reinspection, the railroad freight car, locomotive, or passenger equipment is found to be in serviceable condition, or the track is found to com-ply with the requirements for the c

45、lass at which it was previously operated by the railroad, the FRA Regional Admin-istrator or his or her agent will imme-diately notify the railroad, whereupon the restrictions of the Special Notice cease to be effective. If on reinspection the decision of the original inspector is sustained, the FRA

46、 Regional Adminis-trator notifies the railroad that the ap-peal has been denied. (b) A railroad whose appeal to the FRA Regional Administrator has been denied may, within thirty (30) days from the denial, appeal to the Adminis-trator. After affording an opportunity for informal oral hearing, the Adm

47、inis-trator may affirm, set aside, or modify, in whole or in part, the action of the FRA Regional Administrator. (c) The requirements of a Special No-tice issued under this subpart shall re-main in effect and be observed by a railroad pending appeal to the FRA Re-gional Administrator or to the Admin

48、-istrator. 67 FR 19989, Apr. 23, 2002 Subpart CEmergency Order Track 216.21 Notice of track conditions. (a) When an FRA Track Inspector or State Track Inspector finds track con-ditions which may require the issuance of an Emergency order removing the track from service under section 203, Public Law

49、No. 91458, 84 Stat. 972 (45 U.S.C. 432), the Inspector may issue a notice to the railroad owning the track. The notice sets out and de-scribes the conditions found by the In-spector and specifies the location of de-fects on the affected track segment. The Inspector provides a copy to the FRA Regional Track Engineer and the FRA Regional Administrator. (b) In the event the railroad imme-diately commences repairs on the af-