[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: 49CFR213.4]



[Page 94]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 213_TRACK SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 213.4  Excepted track.



    A track owner may designate a segment of track as excepted track 

provided that--

    (a) The segment is identified in the timetable, special 

instructions, general order, or other appropriate records which are 

available for inspection during regular business hours;

    (b) The identified segment is not located within 30 feet of an 

adjacent track which can be subjected to simultaneous use at speeds in 

excess of 10 miles per hour;

    (c) The identified segment is inspected in accordance with 

213.233(c) and 213.235 at the frequency specified for Class 1 track;

    (d) The identified segment of track is not located on a bridge 

including the track approaching the bridge for 100 feet on either side, 

or located on a public street or highway, if railroad cars containing 

commodities required to be placarded by the Hazardous Materials 

Regulations (49 CFR part 172), are moved over the track; and

    (e) The railroad conducts operations on the identified segment under 

the following conditions:

    (1) No train shall be operated at speeds in excess of 10 miles per 

hour;

    (2) No occupied passenger train shall be operated;

    (3) No freight train shall be operated that contains more than five 

cars required to be placarded by the Hazardous Materials Regulations (49 

CFR part 172); and

    (4) The gage on excepted track shall not be more than 4 feet 10\1/4\ 

inches. This paragraph (e)(4) is applicable September 21, 1999.

    (f) A track owner shall advise the appropriate FRA Regional Office 

at least 10 days prior to removal of a segment of track from excepted 

status.