[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR216.13]

[Page 179-180]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 216--SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT--Table of Contents
 
                  Subpart B--Special Notice for Repairs
 
Sec. 216.13  Special notice for repairs--locomotive.

    (a) When an FRA Motive Power and Equipment Inspector or State 
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 Railroad Locomotive Safety Standards set forth in part 229 of 
this chapter or the FRA Railroad Locomotive Inspection Regulations set 
forth in part 230 of

[[Page 180]]

this chapter or by reason of any other condition rendering the 
locomotive unsafe, he or she will notify 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 condition. The locomotive may not be 
deemed to be in serviceable condition until it complies with all 
applicable requirements of parts 229 and 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 Administrator 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.

[41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999]