49 C.F.R. Subpart A—General
Title 49 - Transportation
(a) This part applies, according to its terms, to each railroad that uses or operates— (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. 20701–03); or (3) Railroad passenger equipment subject to part 238 of this chapter. (b) This part applies, according 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] As used in this part— (a) FRA means the Federal Railroad Administration. (b) State means a State participating in investigative and surveillance activities 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] (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, DC 20590. (c) The notices prescribed in §§216.11, 216.13, 216.14, 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; 64 FR 25659, May 12, 1999] 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 facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent 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 $550 and not more than $11,000 per violation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $27,000 per violation may be assessed. Each day a violation continues shall constitute a separate offense. See 49 CFR part 209, appendix A. [53 FR 28599, July 28, 1988, as amended at 63 FR 11620, Mar. 10, 1998; 69 FR 30593, May 28, 2004]
Title 49: Transportation
PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT
Subpart A—General
§ 216.1 Application.
§ 216.3 Definitions.
§ 216.5 Delegation and general provisions.
§ 216.7 Penalties.
