[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR213.237]

[Page 115]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 213--TRACK SAFETY STANDARDS--Table of Contents
 
                          Subpart F--Inspection
 
Sec. 213.237  Inspection of rail.

    (a) In addition to the track inspections required by Sec. 213.233, a 
continuous search for internal defects shall be made of all rail in 
Classes 4 through 5 track, and Class 3 track over which passenger trains 
operate, at least once every 40 million gross tons (mgt) or once a year, 
whichever interval is shorter. On Class 3 track over which passenger 
trains do not operate such a search shall be made at least once every 30 
mgt or once a year, whichever interval is longer. (This paragraph (a) is 
applicable January 1, 1999.
    (b) Inspection equipment shall be capable of detecting defects 
between joint bars, in the area enclosed by joint bars.
    (c) Each defective rail shall be marked with a highly visible 
marking on both sides of the web and base.
    (d) If the person assigned to operate the rail defect detection 
equipment being used determines that, due to rail surface conditions, a 
valid search for internal defects could not be made over a particular 
length of track, the test on that particular length of track cannot be 
considered as a search for internal defects under paragraph (a) of this 
section. (This paragraph (d) is not retroactive to tests performed prior 
to September 21, 1998.
    (e) If a valid search for internal defects cannot be conducted for 
reasons described in paragraph (d) of this section, the track owner 
shall, before the expiration of time or tonnage limits--
    (1) Conduct a valid search for internal defects;
    (2) Reduce operating speed to a maximum of 25 miles per hour until 
such time as a valid search for internal defects can be made; or
    (3) Remove the rail from service.