DOT 49 CFR PART 235-2010 INSTRUCTIONS GOVERNING APPLICATIONS FOR APPROVAL OF A DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR RELIEF FROM THE REQUIREMENTS OF PART 23.pdf

1、660 49 CFR Ch. II (10110 Edition) Pt. 235 PART 235INSTRUCTIONS GOV-ERNING APPLICATIONS FOR AP-PROVAL OF A DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR RELIEF FROM THE REQUIREMENTS OF PART 236 Sec. 235.1 Scope. 235.3 Application. 235.5 Changes requiring filing of applica-tion. 235.7

2、Changes not requiring filing of appli-cation. 235.8 Relief from the requirements of part 236 of this title. 235.9 Civil penalty. 235.10 Contents of application. 235.12 Additional required information- prints. 235.13 Filing procedure. 235.14 Notice. 235.20 Protests. APPENDIX A TO PART 235SCHEDULE OF

3、CIVIL PENALTIES AUTHORITY: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.49. SOURCE: 49 FR 3380, Jan. 26, 1984, unless otherwise noted. 235.1 Scope. This part prescribes application for approval to discontinue or materially modify block signal systems, interlockings, traffic control sys

4、tems, automatic train stop, train control, or cab signal systems, or other similar ap-pliances, devices, methods, or systems, and provides for relief from part 236 of this title. 235.3 Application. (a) Except as provided in paragraph (b) of this section, this part applies to railroads that operate o

5、n standard gage track which is part of the general rail-road system of transportation. (b) This part does not apply to rail rapid transit operations conducted over track that is used exclusively for that purpose and that is not part of the gen-eral system of railroad transportation. 235.5 Changes re

6、quiring filing of ap-plication. (a) Except as provided in 235.7, ap-plications shall be filed to cover the following: (1) The discontinuance of a block sig-nal system, interlocking, traffic con-trol system, automatic train stop, train control, or cab signal system or other similar appliance or devic

7、e; (2) The decrease of the limits of a block signal system, interlocking, traf-fic control system, automatic train stop, train control, or cab signal sys-tem; or (3) The modification of a block signal system, interlocking, traffic control system, automatic train stop, train control, or cab signal sy

8、stem. (b) Reserved (Approved by the Office of Management and Budget under control number 21300042) 235.7 Changes not requiring filing of application. (a) It is not necessary to file an appli-cation for approval of the following discontinuances: (1) Removal of block signal system, interlocking, traff

9、ic control system, automatic train stop, train control, or cab signal system from track approved for abandonment by formal proceeding; (2) Removal of devices and associated signals used to provide protection against unusual contingencies such as landslide, burned bridge, high water, high and wide lo

10、ad, or tunnel protec-tion when the unusual contingency no longer exists; (3) Removal of an interlocking where a drawbridge has been permanently closed by the formal approval of an-other government agency; or (4) Removal from service not to ex-ceed 6 months of block signal system, interlocking, or tr

11、affic control system necessitated by catastrophic occur-rence such as derailment, flood, fire, or hurricane; or (5) Removal of an intermittent auto-matic train stop system in conjunction with the implementation of a positive train control system approved by FRA under subpart I of part 236 of this ch

12、ap-ter. (b) When the resultant arrangement will comply with part 236 of this title, it is not necessary to file for approval to decrease the limits of a system as follows: VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00670 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1

13、PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-661 Federal Railroad Administration, DOT 235.7 (1) Decrease of the limits of an inter-locking when interlocked switches, de-rails, or movable-point frogs are not in-volved; (2) Removal of e

14、lectric or mechanical lock, or signal used in lieu thereof, from hand-operated switch in auto-matic block signal or traffic control territory where train speed over the switch does not exceed 20 miles per hour; or (3) Removal of electric or mechanical lock, or signal used in lieu thereof, from hand-

15、operated switch in auto-matic block signal or traffic control territory where trains are not per-mitted to clear the main track at such switch. (c) When the resultant arrangement will comply with part 236 of this title, it is not necessary to file an applica-tion for approval of the following modi-f

16、ications: (1) A modification that is required to comply with an order of the Federal Railroad Administration or any section of part 236 of this title; (2) The installation of an automatic block signal or a traffic control system to replace manual block or non-sig-naled territory; (3) The installatio

17、n of a traffic con-trol system to replace a roadway auto-matic block signal system (discontinu-ance of an automatic train stop, train control, or cab signal system is not permitted without FRA approval); (4) The installation of an automatic train stop, train control, or cab signal system in an exist

18、ing automatic block or traffic control system; (5) The installation of a continuous inductive automatic train stop system to replace an existing intermittent in-ductive automatic train stop system; (6) The installation of a continuous inductive automatic train stop system to supplement an existing a

19、utomatic cab signal system; (7) The installation of an automatic train control system to replace an ex-isting automatic train stop system or to supplement an existing automatic cab signal system; (8) The installation of an inter-locking to replace existing stop signs, gates, or pipe-connected derail

20、s pro-tecting a railroad crossing at grade; (9) The installation of all relay type locking to replace existing mechanical or electromechanical locking of an interlocking; (10) The installation of an additional controlled point in existing traffic con-trol system; (11) The installation of an inter-lo

21、cking in an existing block signal sys-tem; (12) The conversion of a hand-oper-ated switch, a hand-operated switch locked either electrically or mechani-cally, or a spring switch to a power-op-erated switch; (13) The conversion of a spring switch to a hand-operated switch, or to a hand-operated switc

22、h locked either electrically or mechanically; (14) The removal or relocation of sig-nals associated with a spring switch converted to hand operation; (15) The installation, relocation, or removal of signals to specifically pro-vide adequate stopping distance; (16) The change of aspects; (17) The rel

23、ocation of a signal to im-prove preview of signal aspect visi-bility; (18) To replace a signal with a signal of another type; (19) To change an approach signal to operative or inoperative signal, or re-move an approach signal not required by 236.310 of this title; (20) The change in location of a ma

24、-chine from which an interlocking or traffic control system is controlled; (21) The closing of a manual block station or the change in hours during which a manual block station is at-tended; (22) The change in hours during which a manual interlocking is at-tended provided the interlocking oper-ates

25、for all routes over which train movements are permitted; (23) The installation of devices used to provide protection against unusual contingencies such as landslide, burned bridges, high water, high and wide loads, or dragging equipment; (24) The installation, relocation, or removal of signals, inte

26、rlocked switch-es, derails, movable-point frogs, or electric locks in an existing system di-rectly associated with: (i) The installation of new track; VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00671 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided

27、 by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-662 49 CFR Ch. II (10110 Edition) 235.8 (ii) The elimination of existing track other than a second main track; (iii) The extension or shortening of a passing siding; (iv) Elimination of second main track where

28、signal system mn retained main track is arranged to provide both opposing and following protection for train movements provided second main track is physically removed; or (v) A line relocation; or (vi) The conversion of pole line cir-cuits to electronic (coded) track cir-cuits provided that the rai

29、lroad gives notice and a profile plan of the change to the FRA regional office having juris-diction over that territory at least 60 days in advance of the change. The railroad must also at the same time provide a copy of the notice and profile plan to representatives of employees responsible for mai

30、ntenance, inspec-tion and testing of the signal system under 49 CFR part 236. The signal sys-tem modification will be deemed ac-ceptable, unless within 60 days, the Re-gional Adminstrator stays action by written notice to the railroad and re-fers the issue to the Railroad Safety Board for decision.

31、(25) The temporary or permanent ar-rangement of existing systems neces-sitated by highway-rail grade crossing separation construction. Temporary arrangements shall be removed within 6 months following completion of con-struction. 49 FR 3380, Jan. 26, 1984, as amended at 61 FR 33873, July 1, 1996; 75

32、 FR 2698, Jan. 15, 2010 235.8 Relief from the requirements of part 236 of this title. Relief from the requirements of the rules, standards and instructions con-tained in part 236 of this title will be granted upon an adequate showing by an individual carrier. Relief heretofore granted to any carrier

33、 shall constitute relief to the same extent as relief granted under the requirements of this part. (Approved by the Office of Management and Budget under control number 21300043) 235.9 Civil penalty. Any person (an entity of any type covered under 1 U.S.C. 1, including but not limited to the followi

34、ng: 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 rail-road; and any employee of such owner, manufacturer, less

35、or, lessee, or inde-pendent contractor) who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least $650 and not more than $25,000 per vio-lation, except that: Penalties may be assessed against individuals only for willful viola

36、tions, and, where a grossly negligent violation or a pattern of re-peated violations has created an immi-nent hazard of death or injury to per-sons, or has caused death or injury, a penalty not to exceed $100,000 per viola-tion may be assessed. Each day a viola-tion continues shall constitute a sepa

37、-rate offense. See appendix A to this part for a statement of agency civil penalty policy. 63 FR 11623, Mar. 10, 1998, as amended at 69 FR 30595, May 28, 2004; 72 FR 51197, Sept. 6, 2007; 73 FR 79704, Dec. 30, 2008 235.10 Contents of applications. (a) The application may be submitted by letter and s

38、hall contain the fol-lowing information: (1) The corporate name of each appli-cant; (2) The manner in which applicant is involved; (3) The location of the project, giving name of operating division and nearest station; (4) The track or tracks involved; (5) A complete description of pro-posed changes

39、 as they would affect the existing facilities or of the section from which relief is sought; (6) The reason for proposed changes or justification for relief from the re-quirements; (7) The approximate dates of begin-ning and completion of project; (8) Changes in operating practices, temporary or per

40、manent; (9) Whether safety of operation will be affeced, and if so, how; and (10) Whether proposed changes will conform to the Federal Railroad Ad-ministrations Rules, Standards and In-structions (part 236 of this title). VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00672 Fmt 8010 Sfmt

41、 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-663 Federal Railroad Administration, DOT 235.20 (b) Reserved (Approved by the Office of Management and Budget under control number 21300042

42、) 235.12 Additional required informa-tion-prints. (a) A print or prints, size 8 inches by 1012 inches, or 812 inches by 11 inches, or folded to 8 inches by 1012 inches or to 812 inches by 11 inches, shall be fur-nished with each application. (b) The print or prints shall be to scale or by indicated

43、dimensions, using Association of American Railroads graphic symbols. (c) The following information shall be shown on the print or prints: (1) Present and proposed arrange-ment of tracks and signal facilities; (2) Name of carrier; (3) Operating division; (4) Place and State; and (5) Timetable directi

44、ons of move-ments. (d) If stopping distances are involved, the following information shall also be shown: (1) Curvature and grade; (2) Maximum authorized speeds of trains; and (3) Length of signal control circuits for each signal indication displayed. (e) The following color scheme is sug-gested on

45、prints: (1) Installations, relocations, and added signal aspects should be colored, preferably in yellow; (2) Removals, discontinuances, and abandonments should be colored, pref-erably in red; and (3) Existing facilities not pertinent to change proposed in application should be shown uncolored. (App

46、roved by the Office of Management and Budget under control number 21300042) 235.13 Filing procedure. (a) Applications or requests for re-consideration of an application shall be submitted by an authorized officer of the carrier. (b) The application and correspond-ence in reference thereto should be

47、ad-dressed to the Associate Administrator for Safety, Federal Railroad Adminis-tration, Washington, DC 20590. (c) A separate application shall be filed for each project. (d) At a joint facility where changes are proposed in the automatic block signal system, interlocking, traffic control system, aut

48、omatic train stop, train control, or cab signal system on the tracks of more than one carrier, or if more than one carrier will be af-fected by the proposed changes or relief sought, a joint application signed by all carriers affected shall be filed. (e) Where only one carrier at a joint facility is

49、 affected by the discontinu-ance or modification of the installation or relief sought, it shall be responsible for filing the application. It shall also certify that the other joint carriers have been notified of the filing of its application. (Approved by the Office of Management and Budget under control number 21300042) 49 FR 3380, Jan. 26, 1984, as amended at 74 FR 25174, May 27, 2009 235.14 Notice. The FRA will publish notice of the filing of an