ered to be continuous welded rail track and must meet all the requirements for continuous welded rail track prescribed in this part.

(g) No rail or angle bar having a torch cut or burned bolt hole may be used in classes 3 through 6 track.

§ 213.123 Tie plates.

(a) In classes 3 through 6 track where timber crossties are in use there must be tie plates under the running rails on at least eight of any 10 consecutive ties.

[36 FR 20336, Oct. 20, 1971, as amended at 47 FR 39404, Sept. 7, 1982]

§ 213.127 Rail fastenings.

Each 39 foot segment of rail shall have a sufficient number of fastenings which, in the determination of a qualified Federal or State track inspector, effectively maintain gage within the limits prescribed in § 213.53(b). The term "qualified State track inspector" as used in this section means a track inspector who meets the qualification requirements of 49 CFR 212.203. (Formerly § 212.75).

[47 FR 39404, Sept. 7, 1982]

§ 213.133 Turnouts and track crossings generally.

(a) In turnouts and track crossings, the fastenings must be intact and maintained so as to keep the components securely in place. Also, each switch, frog, and guard rail must be kept free of obstructions that may interfere with the passage of wheels.

(b) Classes 4 through 6 track must be equipped with rail anchors through and on each side of track crossings and turnouts, to restrain rail movement affecting the position of switch points and frogs.

(c) Each flangeway at turnouts and track crossings must be at least 11⁄2 inches wide.

[36 FR 20336, Oct. 20, 1971, as amended at 38 FR 876, Jan. 5, 1973]

(b) Each switch point must fit its stock rail properly, with the switch stand in either of its closed positions to allow wheels to pass the switch point. Lateral and vertical movement of a stock rail in the switch plates or of a switch plate on a tie must not adversely affect the fit of the switch point to the stock rail.

(c) Each switch must be maintained so that the outer edge of the wheel tread cannot contact the gage side of the stock rail.

(d) The heel of each switch rail must be secure and the bolts in each heel must be kept tight.

(e) Each switch stand and connecting rod must be securely fastened and operable without excessive lost motion.

(f) Each throw lever must be maintained so that it cannot be operated with the lock or keeper in place.

(g) Each switch position indicator must be clearly visible at all times.

(h) Unusually chipped or worn switch points must be repaired or replaced. Metal flow must be removed to insure proper closure.

§ 213.137 Frogs.

(a) The flangeway depth measured from a plane across the wheel-bearing area of a frog on class 1 track may not be less than 1% inches, or less than 11⁄2 inches on classes 2 through 6 track.

(b) If a frog point is chipped, broken, or worn more than five-eighths inch down and 6 inches back, operating speed over the frog may not be more than 10 miles per hour.

(c) If the tread portion of a frog casting is worn down more than threeeighths inch below the original contour, operating speed over that frog may not be more than 10 miles per hour.

§ 213.139 Spring rail frogs.

(a) The outer edge of a wheel tread may not contact the gage side of a spring wing rail.

(b) The toe of each wing rail must be solidly tamped and fully and tightly bolted.

(c) Each frog with a bolt hole defect or head-web separation must be replaced.

would allow it to be operated without removing the lock.

[36 FR 20336, Oct. 20, 1971, as amended at 47 FR 39404, Sept. 7, 1982]

Subpart F-Inspection

§ 213.231 Scope.

This subpart prescribes requirements for the frequency and manner of inspecting track to detect deviations from the standards prescribed in this part.

§ 213.233 Track inspections.

(a) All track must be inspected in accordance with the schedule prescribed in paragraph (c) of this section by a person designated under § 213.7.

(b) Each inspection must be made on foot or by riding over the track in a vehicle at a speed that allows the person making the inspection to visually inspect the track structure for compliance with this part. However, mechanical, electrical and other track inspection devices may be used to supplement visual inspection. If a vehicle is used for visual inspection, the speed of the vehicle may not be more than 5 miles per hour when passing over track crossings, highway crossings, or switches.

(c) Each track inspection must be made in accordance with the following schedule:

(d) If the person making the inspection finds a deviation from the requirements of this part, he shall immediately initiate remedial action.

[36 FR 20336, Oct. 20, 1971, as amended at 40 FR 8558, Feb. 28, 1975]

§ 213.235 Switch and track crossing inspections.

(a) Except as provided in paragraph (b) of this section, each switch and track crossing must be inspected on foot at least monthly.

(b) In the case of track that is used less than once a month, each switch and track crossing must be inspected on foot before it is used.

§ 213.237 Inspection of rail.

(a) In addition to the track inspections required by § 213.233, at least once a year a continuous search for internal defects must be made of all jointed and welded rails in Classes 4 through 6 track, and Class 3 track over which passenger trains operate. However, in the case of a new rail, if before installation or within 6 months thereafter, it is inductively or ultrasonically inspected over its entire length and all defects are removed, the next continuous search for internal defects need not be made until 3 years after that inspection.

(b) Inspection equipment must be capable of detecting defects between joint bars, in the area enclosed by joint bars.

(c) Each defective rail must be marked with a highly visible marking on both sides of the web and base.

[36 FR 20336, Oct. 20, 1971, as amended at 38 FR 876, Jan. 5, 1973]

§ 213.239 Special inspections.

In the event of fire, flood, severe storm, or other occurrence which might have damaged track structure, a special inspection must be made of the track involved as soon as possible after the occurrence.

§ 213.241 Inspection records.

(a) Each owner of track to which this part applies shall keep a record of each inspection required to be performed on that track under this subpart.

(b) Each record of an inspection under §§ 213.4, 213.233 and 213.235 shall be prepared on the day the inspection is made and signed by the person making the inspection. Records must specify the track inspected, date of inspection, location and nature of any deviation from the requirements of this part, and the remedial action taken by the person making the inspection. The owner shall retain each record at its division headquarters for at least 1 year after the inspection covered by the record.

(c) Rail inspection records must specify the date of inspection, the location, and nature of any internal rail defects found, and the remedial action taken and the date thereof. The owner shall retain a rail inspection record for at least 2 years after the inspection and for 1 year after remedial action is taken.

(d) Each owner required to keep inspection records under this section shall make those records available for inspection and copying by the Federal Railroad Administrator.

[36 FR 20336, Oct. 20, 1971, as amended at 48 FR 35883, Aug. 8, 1983]

1 For the purposes of this appendix, a hazardous violation is one involving an immediate hazard of death or injury, or when an actual accident, death or injury results from the violation. The Administrator reserves the authority to assess the maximum penalty of $2,500 for a hazardous violation.

2 In addition to assessment of specified penalties, track segments designated as excepted track that are or become ineligible for such designation by virtue of noncompliance with any of the requirements to which this footnote applies are subject to all other provisions of Part 213 until such noncompliance is remedied.

215.303 Stenciling of restricted cars.

215.305 Stenciling of maintenance-of-way equipment.

APPENDIX A-RAILROAD FREIGHT CAR COMPONENTS

APPENDIX B-SCHEDULE OF CIVIL PENALTIES APPENDIX C-FRA FREIGHT CAR STANDARDS DEFECT CODE

APPENDIX D-PRE-DEPARTURE INSPECTION PROCEDURE

AUTHORITY: Secs. 202 and 209, 84 Stat. 971 and 975, 45 U.S.C. 431 and 438; and 49 CFR 1.49(n).

SOURCE: 44 FR 77340, Dec. 31, 1979, unless otherwise noted.

(2) Any other standard gage track while the car is being operated by, or is otherwise under the control of, a railroad.

(b) Sections 215.15 and 215.303 of this part do not apply to any car:

(1) Owned by a Canadian or Mexican Railroad; and

(2) Having a Canadian or Mexican reporting mark and car number.

(c) This part does not apply to a railroad freight car that is:

(1) Operated solely on track inside an industrial or other non-railroad installation; or

(2) Used exclusively in dedicated service as defined in § 215.5(d) of this part; or

(3) Maintenance-of-way equipment (including self-propelled maintenanceof-way equipment) if that equipment is not used in revenue service and is stenciled in accordance with § 215.305 of this part.