[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: 49CFR215.5]



[Page 173-174]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 215_RAILROAD FREIGHT CAR SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 215.5  Definitions.



    As used in this part:

    (a) Break means a fracture resulting in complete separation into 

parts;

    (b) Cracked means fractured without complete separation into parts, 

except that castings with shrinkage cracks or hot tears that do not 

significantly diminish the strength of the member are not considered to 

be ``cracked'';

    (c) Railroad freight car means a car designed to carry freight, or 

railroad personnel, by rail and includes a:

    (1) Box car;

    (2) Refrigerator car;

    (3) Ventilator car;

    (4) Stock car;

    (5) Gondola car;

    (6) Hopper car;

    (7) Flat car;

    (8) Special car;

    (9) Caboose car;

    (10) Tank car; and

    (11) Yard car.

    (d) Dedicated service means the exclusive assignment of cars to the 

transportation of freight between specified points under the following 

conditions:

    (1) The cars are operated--

    (i) Primarily on track that is inside an industrial or other non-

railroad installation; and

    (ii) Only occasionally over track of a railroad;

    (2) The cars are not operated--

    (i) At speeds of more than 15 miles per hour; and

    (ii) Over track of a railroad--

    (A) For more than 30 miles in one direction; or

    (B) On a round trip of more than 60 miles;

    (3) The cars are not freely interchanged among railroads;

    (4) The words ``Dedicated Service'' are stenciled, or otherwise 

displayed, in clearly legible letters on each side of the car body;

    (5) The cars have been examined and found safe to operate in 

dedicated service; and

    (6) The railroad must--

    (i) Notify the FRA in writing that the cars are to be operated in 

dedicated service;

    (ii) Identify in that notice--

    (A) The railroads affected;

    (B) The number and type of cars involved;

    (C) The commodities being carried; and

    (D) The territorial and speed limits within which the cars will be 

operated; and

    (iii) File the notice required by this paragraph not less than 30 

days before the cars operate in dedicated service;

    (e) In service when used in connection with a railroad freight car, 

means each railroad freight car subject to this part unless the car:

    (1) Has a ``bad order'' or ``home shop for repairs'' tag or card 

containing the prescribed information attached to each side of the car 

and is being handled in accordance with Sec. 215.9 of this part;

    (2) Is in a repair shop or on a repair track;

    (3) Is on a storage track and is empty; or

    (4) Has been delivered in interchange but has not been accepted by 

the receiving carrier.

    (f) Railroad means all forms of non-highway ground transportation 

that run on rails or electromagnetic guideways, including (1) commuter 

or other short-haul rail passenger service in a metropolitan or suburban 

area, and (2) high speed ground transportation systems that connect 

metropolitan areas, without regard to whether they use new technologies 

not associated with traditional railroads. Such term does not include 

rapid transit operations



[[Page 174]]



within an urban area that are not connected to the general railroad 

system of transportation.

    (g) State inspector means an inspector who is participating in 

investigative and surveillance activities under section 206 of the 

Federal Railroad Safety Act of 1970 (45 U.S.C. 435).



[44 FR 77340, Dec. 31, 1979, as amended at 45 FR 26710, Apr. 21, 1980; 

54 FR 33228, Aug. 14, 1989]