49 C.F.R. § 213.4 Excepted track.
Title 49 - Transportation
A track owner may designate a segment of track as excepted track provided that— (a) The segment is identified in the timetable, special instructions, general order, or other appropriate records which are available for inspection during regular business hours; (b) Each record of an inspection under §§213.4, 213.119, 213.233, and 213.235 shall be prepared on the day the inspection is made and signed by the person making the inspection. Records shall 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 designate the location(s) where each original record shall be maintained for at least one year after the inspection covered by the record. The owner shall also designate one location, within 100 miles of each state in which they conduct operations, where copies of records which apply to those operations are either maintained or can be viewed following 10 days notice by the Federal Railroad Administration. (c) The identified segment is inspected in accordance with 213.233(c) and 213.235 at the frequency specified for Class 1 track; (d) The identified segment of track is not located on a bridge including the track approaching the bridge for 100 feet on either side, or located on a public street or highway, if railroad cars containing commodities required to be placarded by the Hazardous Materials Regulations (49 CFR part 172), are moved over the track; and (e) The railroad conducts operations on the identified segment under the following conditions: (1) No train shall be operated at speeds in excess of 10 miles per hour; (2) No occupied passenger train shall be operated; (3) No freight train shall be operated that contains more than five cars required to be placarded by the Hazardous Materials Regulations (49 CFR part 172); and (4) The gage on excepted track shall not be more than 4 feet 10 (f) A track owner shall advise the appropriate FRA Regional Office at least 10 days prior to removal of a segment of track from excepted status. [63 FR 34029, June 22, 1998, as amended at 70 FR 66298, Nov. 2, 2005]
Title 49: Transportation
PART 213—TRACK SAFETY STANDARDS
Subpart A—General
§ 213.4 Excepted track.
