[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR213.241]



[Page 116]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 213_TRACK SAFETY STANDARDS--Table of Contents

 

                          Subpart F_Inspection

 

Sec. 213.241  Inspection records.



    (a) Each owner of track to which this part applies shall keep a 

record of each inspection required to be performed on that track under 

this subpart.

    (b) Each record of an inspection under Sec. Sec. 213.4, 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) Rail inspection records shall specify the date of inspection, 

the location and nature of any internal defects found, the remedial 

action taken and the date thereof, and the location of any intervals of 

track not tested per Sec. 213.237(d). The owner shall retain a rail 

inspection record for at least two years after the inspection and for 

one year after remedial action is taken.

    (d) Each owner required to keep inspection records under this 

section shall make those records available for inspection and copying by 

the Federal Railroad Administration.

    (e) For purposes of compliance with the requirements of this 

section, an owner of track may maintain and transfer records through 

electronic transmission, storage, and retrieval provided that--

    (1) The electronic system be designed so that the integrity of each 

record is maintained through appropriate levels of security such as 

recognition of an electronic signature, or other means, which uniquely 

identify the initiating person as the author of that record. No two 

persons shall have the same electronic identity;

    (2) The electronic storage of each record shall be initiated by the 

person making the inspection within 24 hours following the completion of 

that inspection;

    (3) The electronic system shall ensure that each record cannot be 

modified in any way, or replaced, once the record is transmitted and 

stored;

    (4) Any amendment to a record shall be electronically stored apart 

from the record which it amends. Each amendment to a record shall be 

uniquely identified as to the person making the amendment;

    (5) The electronic system shall provide for the maintenance of 

inspection records as originally submitted without corruption or loss of 

data;

    (6) Paper copies of electronic records and amendments to those 

records, that may be necessary to document compliance with this part 

shall be made available for inspection and copying by the Federal 

Railroad Administration at the locations specified in paragraph (b) of 

this section; and

    (7) Track inspection records shall be kept available to persons who 

performed the inspections and to persons performing subsequent 

inspections.