1、200 49 CFR Ch. II (10110 Edition) 216.27 Chief Counsel, Federal Railroad Ad-ministration, Washington, DC 20590. Upon receipt of a petition, FRA will immediately contact the petitioner and make the necessary arrangements for a conference to be held at the ear-liest date acceptable to the petitioner.
2、At this conference, the petitioner will be afforded an opportunity to submit facts, arguments and proposals for modification or withdrawal of the Emergency order. If the controversy is not resolved at this conference and a hearing is desired, the petitioner must submit a written request for a hearin
3、g within fifteen (15) days after the con-ference. The hearing will commence within fourteen (14) calendar days of receipt of the request and will be con-ducted in accordance with sections 556 and 575, title 5, U.S.C. (c) Unless stayed or modified by the Administrator, the requirements of each Emerge
4、ncy order issued under this subpart shall remain in effect and be observed pending decision on a peti-tion for review. 216.27 Reservation of authority and discretion. The FRA may issue Emergency or-ders concerning track without regard to the procedures prescribed in this subpart whenever the Adminis
5、trator determines that immediate action is required to assure the public safety. PART 217RAILROAD OPERATING RULES Subpart AGeneral Sec. 217.1 Purpose. 217.2 Preemptive effect. 217.3 Application. 217.4 Definitions. 217.5 Penalty. 217.7 Operating rules; filing and record-keeping. 217.9 Program of oper
6、ational tests and in-spections; recordkeeping. 217.11 Program of instruction on operating rules; recordkeeping; electronic record-keeping. 217.13 Information collection. APPENDIX A TO PART 217SCHEDULE OF CIVIL PENALTIES AUTHORITY: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.49. SOURCE
7、: 39 FR 41176, Nov. 25, 1974, unless otherwise noted. Subpart AGeneral 217.1 Purpose. Through the requirements of this part, the Federal Railroad Administra-tion learns the condition of operating rules and practices with respect to trains and other rolling equipment in the railroad industry, and eac
8、h rail-road is required to instruct its employ-ees in operating practices. 217.2 Preemptive effect. Normal State negligence standards apply where there is no Federal action covering the subject matter. Under 49 U.S.C. 20106 (section 20106), issuance of the regulations in this part preempts any State
9、 law, regulation, or order cov-ering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local railroad safety or railroad secu-rity hazard; that is not incompatible with a law, regulation, or order of the
10、United States Government; and that does not unreasonably burden inter-state commerce. Section 20106 permits State tort actions arising from events or activities occurring on or after Jan-uary 18, 2002, for the following: viola-tion of the Federal standard of care es-tablished by regulation or order
11、issued by the Secretary of Transportation (with respect to railroad safety, such as these regulations) or the Secretary of Homeland Security (with respect to railroad security); a partys violation of, or failure to comply with, its own plan, rule, or standard that it created pursuant to a regulation
12、 or order issued by either of the two Secretaries; and a partys violation of a State standard that is necessary to eliminate or reduce an essentially local safety or security hazard, is not incompatible with a law, regulation, or order of the United States Government, and does not unreasonably burde
13、n interstate commerce. Nothing in section 20106 creates a Federal cause of action on be-half of an injured party or confers Fed-eral question jurisdiction for such State law causes of action. 73 FR 8495, Feb. 13, 2008 VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00210 Fmt 8010 Sfmt 801
14、0 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-201 Federal Railroad Administration, DOT 217.7 217.3 Application. (a) Except as provided in paragraph (b) of this section, this part applies to
15、 railroads that operate trains or other rolling equipment on standard gage track which is part of the general rail-road 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 tran
16、sportation; or (2) Rapid transit operations in an urban area that are not connected with the general railroad system of trans-portation. 40 FR 2690, Jan. 15, 1975, as amended at 54 FR 33229, Aug. 14, 1989 217.4 Definitions. As used in this part Associate Administrator for Safety means the Associate
17、Administrator for Safety of the Federal Railroad Admin-istration or that persons delegate as designated in writing. 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 b
18、e revised and applied by order of the Commission (including modifications in class thresholds based revenue deflator ad-justments). Division headquarters means the loca-tion designated by the railroad where a high-level operating manager (e.g., a superintendent, division manager, or equivalent), who
19、 has jurisdiction over a portion of the railroad, has an office. FRA means the Federal Railroad Ad-ministration. Qualified means that a person has successfully completed all instruction, training, and examination programs re-quired by the railroad and this part and that the person, therefore, has ac
20、-tual knowledge or may reasonably be expected to have knowledge of the sub-ject on which the person is expected to be competent. System headquarters means the loca-tion designated by the railroad as the general office for the railroad system. 59 FR 43070, Aug. 22, 1994, as amended at 73 FR 8496, Feb
21、. 13, 2008 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 other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilit
22、ies; 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 of any such requirement is subject to a civil penalty of at least $6
23、50 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-nent hazard of death or injury to per-sons, or has caused death or in
24、jury, 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 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,
25、Mar. 10, 1998; 69 FR 30593, May 28, 2004; 72 FR 51196, Sept. 6, 2007; 73 FR 79701, Dec. 30, 2008 217.7 Operating rules; filing and rec-ordkeeping. (a) On or before December 21, 1994, each Class I railroad, Class II railroad, the National Railroad Passenger Cor-poration, and each railroad providing c
26、ommuter service in a metropolitan or suburban area that is in operation on November 21, 1994, shall file with the Federal Railroad Administrator, Wash-ington, DC 20590, one copy of its code of operating rules, timetables, and time-table special instructions which were in effect on November 21, 1994.
27、 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 time-table special instruction
28、s before it commences operations. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-202 49 CFR Ch. II (10110 Ed
29、ition) 217.9 (b) After November 21, 1994, each Class I railroad, each Class II railroad, the National Railroad Passenger Cor-poration, 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
30、 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 i
31、ts cur-rent code of operating rules, time-tables, and timetable special instruc-tions 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 rep-res
32、entatives of the Federal Railroad Administration for inspection and copying during normal business hours. 59 FR 43070, Aug. 22, 1994 217.9 Program of operational tests and inspections; recordkeeping. (a) Requirement to conduct operational tests and inspections. Each railroad to which this part appli
33、es shall periodi-cally conduct operational tests and in-spections to determine the extent of compliance with its code of operating rules, timetables, and timetable special instructions, specifically including tests and inspections sufficient to verify compliance with the require-ments of subpart F o
34、f part 218 of this chapter, in accordance with a written program as required by paragraph (c) of this section. (b) Railroad and railroad testing officer responsibilities. The requirements of this paragraph (b) are applicable begin-ning January 1, 2009. (1) Each railroad officer who con-ducts operati
35、onal tests and inspections (railroad testing officer) shall: (i) Be qualified on the railroads oper-ating rules in accordance with 217.11 of this part; (ii) Be qualified on the operational testing and inspection program re-quirements and procedures relevant to the testing and inspections the officer
36、 will conduct; (iii) Receive appropriate field train-ing, as necessary to achieve pro-ficiency, on each operational test or in-spection that the officer is authorized to conduct; and (iv) Conduct operational tests and in-spections in accordance with the rail-roads program of operational tests and in
37、spections. (2) Written records documenting qualification of each railroad testing officer shall be retained at the rail-roads system headquarters and at the division headquarters for each division where the officer is assigned and shall be made available to representatives of the FRA for inspection
38、and copying during normal business hours. (c) Written program of operational tests and inspections. Every railroad shall have a written program of operational tests and inspections in effect. New railroads shall have such a program within 30 days of commencing rail op-erations. The program shall (1)
39、 Provide for operational testing and inspection under the various oper-ating conditions on the railroad. As of January 1, 2009, the program shall ad-dress with particular emphasis those operating rules that cause or are likely to cause the most accidents or inci-dents, such as those accidents or inc
40、i-dents identified in the quarterly re-views, six month reviews, and the an-nual summaries as required under paragraphs (e) and (f) of this section, as applicable; (2) Require a minimum number of tests and inspections per year covering the requirements of part 218, subpart F of this chapter; (3) Des
41、cribe each type of operational test and inspection required, including the means and procedures used to carry it out; (4) State the purpose of each type of operational test and inspection; (5) State, according to operating divi-sions where applicable, the frequency with which each type of operationa
42、l test and inspection is to be conducted; (6) As of January 1, 2009, identify the officer(s) by name, job title, and, divi-sion or system, who shall be respon-sible for ensuring that the program of operational tests and inspections is VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00212
43、Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-203 Federal Railroad Administration, DOT 217.9 properly implemented. The responsibil-ities of such officer(s) shall include, b
44、ut not be limited to, ensuring that the railroads testing officers are directing their efforts in an appropriate manner to reduce accidents/incidents and that all required reviews and summaries are completed. A railroad with divisions shall identify at least one officer at the system headquarters wh
45、o is responsible for overseeing the entire program and the implementation by each division. (7) Include a schedule for making the program fully operative within 210 days after it begins. (d) Records. (1) Each railroad to which this part applies shall keep a record of the date, time, place, and resul
46、t of each operational test and inspection that was performed in accordance with its program. Each record shall specify the officer administering the test and in-spection and each employee tested. These records shall be retained at the system headquarters and at each divi-sion headquarters where the
47、tests and inspections are conducted for one cal-endar year after the end of the cal-endar year to which they relate. These records shall be made available to rep-resentatives of the FRA for inspection and copying during normal business hours. (2) Each railroad shall retain one copy of its current pr
48、ogram for peri-odic performance of the operational tests and inspections required by para-graph (a) of this section and one copy of each subsequent amendment to such program. These records shall be re-tained at the system headquarters and at each division headquarters where the tests and inspections
49、 are conducted for three calendar years after the end of the calendar year to which they re-late. These records shall be made avail-able to representatives of the FRA for inspection and copying during normal business hours. (e) Reviews of tests and inspections and adjustments to the program of operational tests. This paragraph (e) shall apply to each Class I railroad and the National Railroad Passenger Corporation begin-ning April 1, 2009 and to all
