[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: 49CFR213.303]



[Page 116-117]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 213_TRACK SAFETY STANDARDS--Table of Contents

 

        Subpart G_Train Operations at Track Classes 6 and Higher

 

Sec. 213.303  Responsibility for compliance.



    (a) Any owner of track to which this subpart applies who knows or 

has notice that the track does not comply with the requirements of this 

subpart, shall--

    (1) Bring the track into compliance; or

    (2) Halt operations over that track.

    (b) If an owner of track to which this subpart applies assigns 

responsibility for the track to another person (by lease or otherwise), 

notification of the assignment shall be provided to the appropriate FRA 

Regional Office at least 30 days in advance of the assignment. The 

notification may be made by any



[[Page 117]]



party to that assignment, but shall be in writing and include the 

following--

    (1) The name and address of the track owner;

    (2) The name and address of the person to whom responsibility is 

assigned (assignee);

    (3) A statement of the exact relationship between the track owner 

and the assignee;

    (4) A precise identification of the track;

    (5) A statement as to the competence and ability of the assignee to 

carry out the duties of the track owner under this subpart;

    (6) A statement signed by the assignee acknowledging the assignment 

to that person of responsibility for purposes of compliance with this 

subpart.

    (c) The Administrator may hold the track owner or the assignee or 

both responsible for compliance with this subpart and subject to the 

penalties under Sec. 213.15.

    (d) When any person, including a contractor for a railroad or track 

owner, performs any function required by this part, that person is 

required to perform that function in accordance with this part.