Note on multiple violations: When two or more violations of these regulations are discovered with respect to a single freight car that is placed or continued in service by a railroad, the appropriate penalties set forth above are aggregated up to a maximum of $2,500 per day. For example, a railroad that continued a car in service with a missing side bearing assembly ($2,000) and no visible free oil in a plain journal box ($750) would be liable to a penalty of $2,500. 1 Section 209 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438) requires the Secretary of Transportation to "include in, or make applicable to, any railroad safety rule, regulation, order, or standard issued under this title a civil penalty for violation thereof in such amount, not less than $250 nor more than $2,500, as he deems reasonable." Each day of violation constitutes a separate offense. 2 For purposes of this schedule, an intentional violation is the knowing and willful failure of a railroad to comply with the provisions of this part. The knowledge required for an intentional violation is knowledge of the facts constituting the violation. Knowledge of the regulations is presumed by law. Evidence that a violation has been committed or has been allowed to continue after an FRA or State inspector has provided the railroad notification of a deviation from the requirement of this part is prima facie evidence that the violation was knowing and willful. Evidence that a repair has been made to a freight car component but that component was not brought into full compliance with the standards is prima facie evidence that the violation was knowing and willful. 3 Failure to observe any condition for movement set forth in paragraphs (a) and (c) of § 215.9 will deprive the railroad of the exception and make the railroad liable for penalty under §§ 215.103 through 215.129. *Maintenance-of-way equipment not stenciled in accordance with $215.305 is subject to all requirements of this part. See § 215.3(c)(3). APPENDIX C-FRA FREIGHT CAR The following defect code has been established for use by FRA and State inspectors to report defects observed during inspection of freight cars. The purpose of the code is to establish a uniform language among FRA, States, and the railroad industry that will facilitate communication, recordkeeping, and statistical analyses. The code may not be substituted for the description of defects on bad order tags affixed to cars being moved for repair under § 215.9. However, it may be used to supplement that description. 1,000 1,500 215.009 Failure to meet conditions for movement of defective cars for repairs. 215.011 Designation of Qualified Persons. (A)(1) Railroad fails to designate persons qualified to inspect freight cars; (2) Persons designated does not have knowledge and ability to inspect freight cars for compliance with the requirements of this part. (B) Railroad fails to maintain written record of: (1) Each designation in effect; (2) The basis for this designation. 215.013 Failure to perform pre-departure inspection. 215.015 Periodic Inspection. (A) Railroad fails to perform the periodic inspection as required by June 30, 1980 (3) Flanges 34" or less at " above the tread; (B)(1) Flange is 11⁄2" or more from the tread to top of flange; (2) Flange is 1%" or more from the tread to top of flange; (3) Flange is 13⁄4". (C)(1) Rim thickness is 1/16" or less; (2) Rim thickness is %" or less; (3) Rim thickness is 16" or less; (D) Wheel cracked or broken in: (1) rim, (2) flange, (3) plate or (4) hub area. (E) Wheel chip or gouge in flange: (1) 11⁄2" length and 1⁄2” in width or more; (2) 1%" length and %" in width or more; (3) 1" in length and 3⁄4" in width or more. (F) Wheel has slid flat spot or shelled spot: (1) 21⁄2" in length or more; (2) Has two adjoining flat spots each of which is 2" in length or greater; (3) A single flat spot 3" in length or more; (4) Has two adjoining flat spots one of which is at least 2" in length and the other is 21⁄2" or greater. (G) Has a loose wheel. (H) Overheated with discoloration extending: (1) More than 4"; (2) 41⁄2" or more. (I) A welded wheel on car that is not moving for repairs. 215.105 Defective Axle. (A) Cracked or broken: (1) Cracked 1' or less; (2) Cracked greater than 1"; (3) Broken or cracked with visible separation of metal. (B) Gouge between wheel seats more than s" in depth: (C) Broken or cracked end collar on plain bearing axle. (D) Overheated journal. (E) Surface of plain bearing journal or fillet has (1) ridge, (2) depression, (3) circumferential score, (4) corrugation, (5) scratch, (6) continuous streak, (7) pitting, (8) rust, (9) etching. 215.107 Defective plain bearing box. (B) Lid is missing, broken or open except to receive service. (C) Box has foreign matter that will damage bearing or prevent lubrication. 215.109 Defective plain bearing box: journal lubrication system. (A) Pad torn half the length or width. (B) Scorched, burned or glazed. (C) Contains decaying or deteriorated fabric. (D) Has exposed core except by design of metal parts in contact with journal. (E)(1) Missing; (2) Not in contact with journal. 215.111 Defective plain bearing. (A) Missing, cracked or broken. (B)(1) Bearing lining is loose; (2) Broken out piece. (C) Overheated as evidenced by: (1) Melted babbit; (2) Smoke from hot oil; (3) Journal surface damaged. 215.113 Defective plain bearing wedge. (A) Missing. (B) Cracked. (C) Broken. (D) Not located in design position. 215.115 Defective roller bearing. (A)(1) Overheated; (2) Loose or missing cap screw; (3) Roller bearing seal loose or damaged permitting loss of lubricant; (4) Two or more missing cap screws. (B)(1) Failure to inspect if involved in derailment; (2) Failure to disassemble if required under this part; (3) Failure to repair or replace defective roller bearings. 215.117 Defective roller bearing adapter. (A) Cracked or broken. (B) Not in design position. (C) Worn excessively as shown on Figure 1 in relief portion. 215.119 Defective freight car trucks. (A)(1) Side frame or bolster broken; (2) Cracked 4" or more in transverse direction on tension member; (3) Cracked 1" or more in transverse direction on tension member. (B) Has ineffective snubbing devices. (2) Side bearing in contact except by design; (3) Excessive side bearing clearance at one end of car; (4) Excessive side bearing clearance on opposite sides at diagonal ends of car. (D)(1) Has truck springs that will not maintain travel or load; (2) Truck springs that are compressed solid; (3) Has two springs broken in a cluster; (4) Has three or more springs broken. (E) Truck bolster and center plate interference preventing rotation. (F) Has broken beam shelf supports worn so that shelf will not support beam. 215.121 Defective car body. (A) Improper clearance-less than 21⁄2" from top of rail. APPENDIX D-PRE-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 freight car shall, as a minimum, be inspected for the imminently hazardous conditions listed below that are likely to cause an accident or casualty before the train arrives at its destination. These conditions are readily discov Subpart C-Emergency Order-Track 216.21 216.23 Consideration of recommendation. 216.25 Issuance and review of emergency order. Notice of track conditions. 216.27 Reservation of authority and discretion. AUTHORITY: Secs. 3(e) and 9(e) of Pub. L. 89-670, 80 Stat. 931, 944 (49 U.S.C. 1652(e), 1657(e)). 49 CFR 1.45(b), 1.49. Pub. L. 91458, 84 Stat. 971; sec. 206, Pub. L. 93-633, 88 Stat. 2156 (45 U.S.C. 421, 431-441). Sec. 216.13 also under 36 Stat. 913; 38 Stat. 1192; 43 Stat. 659; sec. 3, Pub. L. No. 85-135, 71 Stat. 352 (45 U.S.C. 22-34); Reorganization Plan No. 3 of 1965, 30 FR 9351, 79 Stat. 1320; sec. 6(e)(1)(E), Pub. L. 89-670, 80 Stat. 937 (49 U.S.C. 1655(e)(1)(E)). SOURCE: 41 FR 18657, May 6, 1976, unless otherwise noted. As used in this part (a) "FRA" means the Federal Railroad Administration. (b) "State" means a State participating in investigative and surveillance activities under section 206 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 435). (c) "Inspector" includes FRA Regional Supervisors of Inspectors. § 216.5 Delegation and general provisions. (a) The Administrator has delegated to the appropriate FRA and State personnel the authority to implement this part. (b) Communications to the Administrator relating to the operation of this part should be submitted in triplicate to the Docket Clerk, Office of Chief Counsel, Federal Railroad Administration, Washington, D.C. 20590. (c) The notices prescribed in §§ 216.11, 216.13, 216.15, and 216.21 of this part are issued on standard FRA forms indicating the particular subject matter. An inspector issues a notice by delivering 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 FR 43153, Sept. 30, 1976] § 216.7 Penalties. Each railroad that fails to comply with the requirements of a Special Notice issued under this part is subject to a civil penalty of $2,500 for each violation. Each day of each violation constitutes a separate offense. Subpart B-Special Notice for Repairs § 216.11 Special notice for repairs-railroad freight car. (a) When an FRA Motive Power and Equipment Inspector or a State Equipment Inspector determines that a railroad 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 in writing that the car is not in serviceable condition. The Special Notice sets out and describes the defects that cause the car to be in unserviceable condition. After receipt of the Special Notice, the railroad shall remove the car from service until it is restored to serviceable condition. The car may not be deemed to be in serviceable condition until it complies with all applicable requirements of Part 215 of this chapter. (b) The railroad shall notify the Regional Director in writing when the equipment is returned to service, specifying the repairs completed. (c) A railroad 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 for further service to the nearest available point where the car can be repaired, if such movement is necessary to make such repairs. However, the movement is subject to the further restrictions 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 repairs-locomotive. (a) When an FRA Motive Power and Equipment Inspector determines a locomotive is not safe to operate in the service to which it is put, whether by reason of nonconformity with the FRA Locomotive Inspection Regulations set forth in Part 230 of this chapter or by reason of any other condition rendering the locomotive unsafe, he notifies 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 condi tion. The locomotive may not be deemed to be in serviceable condition until it complies with all applicable requirements of Part 230 of this chapter and until all additional deficiencies identified in the Special Notice have been corrected. (b) The carrier shall notify the FRA Regional Director of Railroad Safety in writing when the locomotive is returned to service, specifying the repairs completed. The carrier officer or employee directly responsible for the repairs shall subscribe this writing under oath. § 216.15 Special notice for repairs-track class. (a) When an FRA Track Inspector or State Track Inspector determines that track does not comply with the requirements 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 the speed limitations prescribed in Part 213 of this chapter. The notice describes the conditions requiring the track to be lowered in class, specifies the exact location of the affected track segment, and states the highest class and corresponding maximum speeds at which trains may be operated 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 applicable standards for a higher class. (b) The railroad shall notify the Regional Director in writing when the track is restored to a condition permitting operations at speeds authorized for a higher class, specifying 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, or 216.15, a railroad may appeal the decision of the Inspector to the FRA Regional Director of Railroad Safety for the region in which the notice was given. The appeal shall be made by |