[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: 49CFR213.7]

[Page 95-96]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 213--TRACK SAFETY STANDARDS--Table of Contents
 
                           Subpart A--General
 
Sec. 213.7  Designation of qualified persons to supervise certain renewals and inspect track.

    (a) Each track owner to which this part applies shall designate 
qualified persons to supervise restorations and renewals of track under 
traffic conditions. Each person designated shall have--
    (1) At least--
    (i) 1 year of supervisory experience in railroad track maintenance; 
or
    (ii) A combination of supervisory experience in track maintenance 
and training from a course in track maintenance or from a college level 
educational program related to track maintenance;
    (2) Demonstrated to the owner that he or she--
    (i) Knows and understands the requirements of this part;
    (ii) Can detect deviations from those requirements; and
    (iii) Can prescribe appropriate remedial action to correct or safely 
compensate for those deviations; and
    (3) Written authorization from the track owner to prescribe remedial 
actions to correct or safely compensate for deviations from the 
requirements in this part.
    (b) Each track owner to which this part applies shall designate 
qualified persons to inspect track for defects. Each person designated 
shall have--
    (1) At least--
    (i) 1 year of experience in railroad track inspection; or
    (ii) A combination of experience in track inspection and training 
from a course in track inspection or from a college level educational 
program related to track inspection;
    (2) Demonstrated to the owner that he or she--
    (i) Knows and understands the requirements of this part;
    (ii) Can detect deviations from those requirements; and
    (iii) Can prescribe appropriate remedial action to correct or safely 
compensate for those deviations; and
    (3) Written authorization from the track owner to prescribe remedial 
actions to correct or safely compensate for deviations from the 
requirements of this part, pending review by a qualified

[[Page 96]]

person designated under paragraph (a) of this section.
    (c) Persons not fully qualified to supervise certain renewals and 
inspect track as outlined in paragraphs (a) and (b) of this section, but 
with at least one year of maintenance-of-way or signal experience, may 
pass trains over broken rails and pull aparts provided that--
    (1) The track owner determines the person to be qualified and, as 
part of doing so, trains, examines, and re-examines the person 
periodically within two years after each prior examination on the 
following topics as they relate to the safe passage of trains over 
broken rails or pull aparts: rail defect identification, crosstie 
condition, track surface and alinement, gage restraint, rail end 
mismatch, joint bars, and maximum distance between rail ends over which 
trains may be allowed to pass. The sole purpose of the examination is to 
ascertain the person's ability to effectively apply these requirements 
and the examination may not be used to disqualify the person from other 
duties. A minimum of four hours training is adequate for initial 
training;
    (2) The person deems it safe and train speeds are limited to a 
maximum of 10 m.p.h. over the broken rail or pull apart;
    (3) The person shall watch all movements over the broken rail or 
pull apart and be prepared to stop the train if necessary; and
    (4) Person(s) fully qualified under Sec. 213.7 of this part are 
notified and dispatched to the location promptly for the purpose of 
authorizing movements and effecting temporary or permanent repairs.
    (d) With respect to designations under paragraphs (a), (b), and (c) 
of this section, each track owner shall maintain written records of--
    (1) Each designation in effect;
    (2) The basis for each designation; and
    (3) Track inspections made by each designated qualified person as 
required by Sec. 213.241. These records shall be kept available for 
inspection or copying by the Federal Railroad Administration during 
regular business hours.